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BARTON v. MOORE

Nos. C0-95-1248, C2-95-1249.

558 N.W.2d 746 (1997)

Les BARTON and Cynthia Zschokke, Respondents (C0-95-1248), Plaintiffs (C2-95-1249), v. Emily L. MOORE, Jack I. Moore, individually and d/b/a K-TWN Communications and d/b/a K-Twin, petitioners, Appellants, Southwest Suburban Broadcasting, Inc., et al., Defendants, Jerold A. Gilbert and Stephen C. Fiebiger, Respondents (C2-95-1249).

Supreme Court of Minnesota.

February 13, 1997.

Attorney(s) appearing for the Case

Kay Nord Hunt, Stacy A. DeKalb, Lommen, Nelson, Cole & Stageberg, P.A., Minneapolis, for appellants.

Stephen C. Fiebiger, Minneapolis, Jerold A. Gilbert, North Oaks, for respondents.

Cheryl Hood Langel, Henson & Efron, Minneapolis, for Defendant Southwest Suburban Broadcasting.

Heard, considered and decided by the court en banc.

OPINION

GARDEBRING, Justice.

What is the appropriate penalty for lending money under usurious terms in violation of Minn.Stat. § 334.011, subd. 1 (1996): forfeiture of interest only or voiding of the loan? We hold that loans determined to be usurious pursuant to Minn.Stat. § 334.011, subd. 1 are not therefore void, but only subject the lender to loss of interest.

We also affirm the court of appeals on its determination that the complaint...

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