BENEFICIAL NATIONAL BANK v. ANDERSON

No. 02-306.

539 U.S. 1 (2003)

BENEFICIAL NATIONAL BANK ET AL. v. ANDERSON ET AL.

Supreme Court of United States.

Decided June 2, 2003.


Attorney(s) appearing for the Case

Seth P. Waxman argued the cause for petitioners. With him on the briefs were Dennis G. Lyons, Howard N. Cayne, Mary Gabrielle Sprague, Brian C. Duffy, Christopher R. Lipsett, Russell J. Bruemmer, Paul R. Q. Wolfson, Alan S. Kaplinsky, and Burt M. Rublin.

Matthew D. Roberts argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Assistant Attorney General McCallum, Deputy Solicitor General Clement, Mark B. Stern, Julie L. Williams, Daniel P. Stipano, L. Robert Griffin, and Douglas B. Jordan.

Brian M. Clark argued the cause for respondents. With him on the brief was Dennis G. Pantazis.*

STEVENS, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and O'CONNOR, KENNEDY, SOUTER, GINSBURG, and BREYER, JJ., joined. SCALIA, J., filed a dissenting opinion, in which THOMAS, J., joined, p. 11.


JUSTICE STEVENS delivered the opinion of the Court.

The question in this case is whether an action filed in a state court to recover damages from a national bank for allegedly charging excessive interest in violation of both "the common law usury doctrine" and an Alabama usury statute may be removed to a federal court because it actually arises under federal law. We hold that it may.

I

Respondents are 26 individual...

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