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BEATRICE PRODUCTION CREDIT ASS'N v. VIESELMEYER

No. CV71-L-361.

376 F.Supp. 1391 (1973)

BEATRICE PRODUCTION CREDIT ASSOCIATION, a corporation, Plaintiff, v. George F. VIESELMEYER, Defendant.

United States District Court, D. Nebraska.

March 30, 1973.

Attorney(s) appearing for the Case

Richard A. Knudsen and Arnold Wullschleger, Beatrice, Neb., for plaintiff.

Ted L. Schafer, Lincoln, Neb., and W. O. Baldwin, Hebron, Neb., for defendant.

MEMORANDUM AND ORDER ON MOTION FOR SUMMARY JUDGMENT

URBOM, Chief Judge.

This matter is before the court on the plaintiff's motion for summary judgment, filing No. 23. The motion is directed at the defense of usury, as alleged in paragraph numbered 4 of the defendant's answer. The defense asserts that the rate of interest charged on the loan was 9¼ per cent, in violation of the 9 per cent limitation imposed by § 45-102, R.R.S.Neb. (1943). The basis...

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