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FOSTER BUSINESS PARK, LLC v. J & B INVEST., LLC

No. M2006-00913-COA-R3-CV.

269 S.W.3d 50 (2008)

FOSTER BUSINESS PARK, LLC v. J & B INVESTMENTS, LLC, et al.

Court of Appeals of Tennessee, Middle Section, at Nashville.

January 30, 2008.

Permission to Appeal Denied by Supreme Court August 25, 2008.

Published Pursuant to Tenn. R. S. Ct. 4(D).

Attorney(s) appearing for the Case

Mathew R. Zenner and Donald Capparella, Nashville, Tennessee, for the appellant, Foster Business Park, LLC.

Sam J. McAllester, III, and William J. Haynes, III, Nashville, Tennessee, for the appellee, J & B Investments, LLC.

Roger G. Jones and Austin L. McMullen, Nashville, Tennessee, for the appellee, The Bank of Nashville.

OPINION

FRANK G. CLEMENT, JR., J., delivered the opinion of the court, in which ROBERT S. BRANDT, Sp. J., joined. WILLIAM B. CAIN, P.J., M.S., not participating.

The plaintiff, a debtor under a promissory note, brought this action against two defendants, the bank that issued a promissory note to the plaintiff and the holder of the note for charging and attempting to collect a rate of interest the plaintiff contends was usurious. In the Complaint, the plaintiff...

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