FISCHER v. FIRST NATIONAL BANK OF OMAHA

Nos. 72-1213, 72-1214.

466 F.2d 511 (1972)

Fred FISCHER, on Behalf of Himself and on Behalf of All Other Persons Similarly Situated, Appellant, v. FIRST NATIONAL BANK OF OMAHA, Omaha, Nebraska, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 5, 1972.

Rehearing Denied October 16, 1972.


Attorney(s) appearing for the Case

Everett Meeker, Livingston, Day, Kehoe, Meeker & Bates, Washington, Iowa, for appellant.

William E. Morrow, Jr., of Swarr, May, Smith & Andersen, Omaha, Neb., for appellee.

Before HEANEY, BRIGHT and ROSS, Circuit Judges.


PER CURIAM.

The appellant brought two actions in United States District Court charging the First National Bank of Omaha with (1) violating certain provisions of the Federal Truth in Lending Act and (2) violating the usury laws in the National Banking Act. The District Court found the venue improper and transferred both actions pursuant to 28 U.S.C. § 1406(a) to the United States District Court for the District of Nebraska. Fischer v. First National Bank of Omaha...

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