United States Eighth Circuit

Plaintiff's claim, alleging that defendant-bank violated Missouri's Second Mortgage Loan Act by charging unlawful fees on second mortgage loans, was properly removed to federal court since federal statutes governing national banks create an exclusive cause of action against national banks for usury.

Appellate Information

• Decided 07/28/2005
• Published 07/28/2005

Judges

• RILEY, Circuit Judge., Before RILEY, BOWMAN, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Kip D. Richards, argued, Kansas City, MO (J. Michael Vaughan on the brief), for appellant.


• For Appellees:
  
• Daniel H. Squire, argued, Washington, D.C. (David A. Luigs, Stephen R. Heifetz, and Kelly Cochran and Todd W. Ruskamp of Kansas City, MO., on this brief), for appellee., Roy W. Arnold, argued, Pittsburgh, PA. (Thomas L. Allen and James C. Martin of Pittsburgh, PA, and Randolph G. Willis and Daniel L. McClain of Kansas City, MO, on the brief), for appellee GMAC., Lawrence H. Richmond, argued, Washington, D.C., for appellee FDIC.