DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
033423P.pdf 07/28/2005 Alvin L. Phipps v. Guaranty Natl. Bank
U.S. Court of Appeals Case No: 03-3423
Western District of Missouri
[PUBLISHED] [Riley, Author, with Bowman and Gruender, Circuit
Judges]
Civil case - Banking. Claim that defendant bank violated Missouri's
Second Mortgage Loan Act,(Mo. Rev. Stat. Secs. 480.231-.24) by
charging unlawful fees on second mortgage loans was properly removed
to federal court as the fees fell within the Office of the Comptroller
General's definition of interest, and federal statutes governing national
banks create an exclusive cause of action against national banks for
usury; state claims were preempted by the national regulatory scheme,
and the district court did not err in dismissing the state law-based claim.