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RAY v. AM. NAT. BANK & TRUST CO. OF CHATTANOOGA

No. CIV-1-77-245.

443 F.Supp. 883 (1978)

Thomas E. RAY, Trustee in Bankruptcy for George Patton Bailey v. AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHATTANOOGA.

United States District Court, E. D. Tennessee, S. D.

January 25, 1978.

Attorney(s) appearing for the Case

Brown & Ray, Chattanooga, Tenn., for plaintiff.

Witt, Gaither & Whitaker, Chattanooga, Tenn., for defendant.

MEMORANDUM

FRANK W. WILSON, Chief Judge.

This is an action to recover interest payments made unto the defendant which are alleged to have been usurious. The action is brought pursuant to sections 85 and 86 of the National Banking Act, Title 12 U.S.C. Jurisdiction of the Court is invoked under 28 U.S.C. § 1331 and is not in dispute. The case is presently before the Court upon a stipulation of facts and cross motions for summary judgment.

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