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VIDEO TRAX, INC. v. NATIONSBANK, N.A.

No. 99-4007.

205 F.3d 1358 (2000)

VIDEO TRAX, INC., a Florida Corporation, on behalf of itself and all other persons and entities similarly situated, Plaintiff-Appellant. v. NATIONSBANK, N.A. (SOUTH), a National Banking Association, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 14, 2000.

Attorney(s) appearing for the Case

Scott A. Silver, Miami, FL, for Plaintiff-Appellant.

Bradford Swing, Eugene E. Stearns, Stearns, Weaver, Miller, Weissler, Alhadeff Sitterson, P.A., Miami, FL, for Defendant-Appellee.

Before TJOELAT, Circuit Judge, FAY, Senior Circuit Judge, and HANCOCK, Senior District Judge.

PER CURIAM:

The facts and procedural history of this case are set out in the district court's opinion reported at 33 F.Supp.2d 1041 (S.D.Fla.1998). For the reasons stated by the district court, id. at 1047-55 (part III.A. through III.C.), we find that the fees at issue do not constitute "interest" for purposes of the usury inovisions of the National Bank Act, 12 U.S.C. §§ 85-86 (1994). Accordingly, the judgment...

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