United States Eighth Circuit

In a class action raising federal usury and antitying claims against a bank, its holding company, and various shareholders, officers, and employees of the bank, following the criminal indictment of the bank's president for defrauding the bank of nearly one million dollars, dismissal of the claim is affirmed where: 1) as sections 85 and 86 do not apply to state-chartered banks, the district court properly dismissed those claims brought under the National Bank Act for want of jurisdiction; 2) the district court properly dismissed a claim under 12 U.S.C. section 1831d for failure to state a claim; and 3) the complaint provided absolutely no facts to support an illegal tying claim.

Appellate Information

• Decided 08/26/2008
• Published 08/26/2008

Judges

• HANSEN, Circuit Judge., Before RILEY, HANSEN, and ARNOLD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Robert M. Cook, argued, Phoenix, AZ, for appellants.


• For Appellees:
  
• Rebecca S. Yocum, argued, Kansas City, MO (Robin K. Carlson, Kansas City, MO, Victor C. Padios, Omaha, NE, Terry R. Wittler, Lincoln, NE, on the brief), for appellees.