Opinion

American Timber & Trading Co. v. First National Bank of Oregon

  • 511 F.2d 980
  • 1973 U.S. App. LEXIS 6938
Court
Court of Appeals for the Ninth Circuit
Filed
Nov 20, 1973
Status
Published
Author
Chambers
On the bench
Chambers, Choy, Kelleher
Cited by
15 cases

noting that using the bank interest method resulted in an actual annual interest rate of 12.167%, even though Oregon statute limited the annual interest rate to 12%.

How later courts described this case

  • noting that using the bank interest method resulted in an actual annual interest rate of 12.167%, even though Oregon statute limited the annual interest rate to 12%.

Written by the judges who cited it.

The opinion

CHAMBERS, Circuit Judge

(concurring) :

I concur in the foregoing opinion on the basis of precedent. Certainly what the bank was doing was not venal. This is not a case of loan sharking. I think the situation cries out for an amendment to the federal statutes to permit what was done here, i. e., 365/360.

Also, I think this is a case where our class action rules present a monstrosity. I was a lawyer once, and I am sure that most of the members of the class have never met the attorneys for plaintiffs. If outset solicitation of the business were proper, I am sure most of the “class” would have said, “No thank you.”

As I understand it, the district court has not yet fully defined the class and has not specifically ruled on the “small loans” question.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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