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STATE, ETC. v. FIRST OF OMAHA SERVICE CORP.

No. 61053.

281 N.W.2d 452 (1979)

STATE of Iowa ex rel. Richard C. TURNER, Attorney General, Appellant, v. FIRST OF OMAHA SERVICE CORPORATION OF OMAHA, NEBRASKA d/b/a Bank Americard, and Central National Bank & Trust Company, Des Moines, Iowa, Appellees.

Supreme Court of Iowa.

July 25, 1979.

Attorney(s) appearing for the Case

Julian B. Garrett, Asst. Atty. Gen., for appellant.

William E. Morrow, Jr., of Swarr, May, Smith & Andersen, Omaha, Neb., and David A. Scott, of Davis, Scott & Grace, Des Moines, for appellee First of Omaha Service Corp.

Kenneth L. Butters, of Stewart, Heartney, Brodsky, Thornton & Harvey, Des Moines, for appellee Central Nat. Bank and Trust Co.

Considered by LeGRAND, P. J., and REES, HARRIS, ALLBEE, and McGIVERIN, JJ.

PER CURIAM.

In our opinion in State ex rel. Turner v. First of Omaha Serv., 269 N.W.2d 409 (Iowa 1978), we held that the defendant should not be allowed to charge interest rates higher than that permitted Iowa banks under chapter 537, The Code. The bank claimed it could charge interest at a higher rate allowed under Nebraska law. In our opinion we distinguished a case which took a contrary view. Marquette Nat., etc. v...

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