ORDER
ORINDA D. EVANS, District Judge.
This action is before the Court on Defendant's ("the Bank") motion to dismiss the Third and Fourth Counts of Plaintiff's Complaint for failure to state a claim upon which relief can be granted. Rule 12(b)(6), Fed.R.Civ.P.
The two counts in question allege violations of the usury provision of the National Bank Act ("NBA"), 12 U.S.C. § 85. Both counts allege Defendant "charged a higher rate of interest than...
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