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KIMBALL v. NATIONAL BANK OF NORTH AMERICA, N.A.

No. 78 C 2548.

468 F.Supp. 1069 (1979)

Daniel KIMBALL and Jackie Kimball, Individually and on behalf of all persons similarly situated, Plaintiffs, v. NATIONAL BANK OF NORTH AMERICA, N.A., Defendant.

United States District Court, E. D. New York.

March 27, 1979.

Attorney(s) appearing for the Case

Ruskin, Schlissel, Moscou & Evans, P.C., Mineola, N.Y., for plaintiffs.

Cole & Deitz, New York City, for defendant.

MEMORANDUM AND ORDER

GEORGE C. PRATT, District Judge:

Plaintiffs commenced this action alleging that defendant, a national bank chartered pursuant to the provisions of the National Bank Act, 12 U.S.C. §§ 21, et seq., violated applicable usury laws by charging interest at a rate in excess of the maximum rate of interest allowable for home mortgage loan transactions. Both parties now move for summary judgment on a joint statement of undisputed...

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