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VOITIER v. FIRST NAT. BANK OF COMMERCE

Civ. A. No. 80-3397.

514 F.Supp. 585 (1981)

Martial H. VOITIER et al. v. FIRST NATIONAL BANK OF COMMERCE.

United States District Court, E. D. Louisiana.

May 22, 1981.

Attorney(s) appearing for the Case

Robert Hugh Matthews, Robert M. Hearin, Jr., Matthews & Breeden, New Orleans, for plaintiffs.

Herschel L. Abbott, Jr., Marta Alison Richards, Edward H. Bergin, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, for defendant.

J. Michael Cutshaw, Alexandria, for Louisiana Bankers Association as amicus curiae.

David Willenzik, McGlinchey, Stafford & Mintz, New Orleans, for Hibernia National Bank, et al., as amici curiae.

MEMORANDUM OPINION AND ORDER

BOYLE, District Judge:

This action arises under chapter 106, section 30 of the National Bank Act, 12 U.S.C. §§ 85-86, but resolution of the matter involves important questions of judicial first impression under the law of Louisiana. Plaintiffs, Martial Voitier and Terence Hall, allege that defendant, First National Bank of Commerce (FNBC), charged and received usurious interest for plaintiffs' two loans dated October...

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