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MONONGAHELA APPLIANCE CO. v. COMMUNITY B. & T., N.A.

Civ. A. No. 74-50-F.

393 F.Supp. 1226 (1975)

MONONGAHELA APPLIANCE COMPANY, a West Virginia Corporation, Plaintiff, v. COMMUNITY BANK AND TRUST, N.A., a National Banking Association, Defendant.

United States District Court, N. D. West Virginia, Fairmont Division.

May 2, 1975.

Attorney(s) appearing for the Case

William Bruce Hoff, Parkersburg, W. Va., for plaintiff.

Alfred J. Lemley, Fairmont, W. Va., for defendant.

MEMORANDUM ORDER

MAXWELL, Chief Judge.

This is an action to recover $268,427.46, twice the amount of the allegedly usurious interest paid by plaintiff to defendant on a promissory note. The action is brought under 12 U.S.C. §§ 85 and 86.1 Jurisdiction is founded on 28 U.S.C. § 1331 (federal question), and venue is laid under 12 U.S.C. § 94. Defendant has filed...

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