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NATIONSBANK OF N.C. V. VARIABLE ANNUITY LIFE INS. CO., 513 U.S. 251 (1995). [Syllabus] |
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WATTERS V. WACHOVIA BANK, N. A. [Syllabus] |
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WACHOVIA BANK, N. A. V. SCHMIDT [Syllabus] |
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UNITED STATES V. GAUBERT, 499 U.S. 315 (1991) [Syllabus] |
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BENEFICIAL NAT. BANK V. ANDERSON [Syllabus] This Court has long held that section 30 of the National Bank Act, 12 U.S.C. §§ 85-86, creates an exclusive federal cause of action and an exclusive federal remedy for usury claims by borrowers against national banks, preempting state law under the doctrine of ordinary preemption. Borrowers filed this case against a national bank in state court, claiming violation of state usury law, and the national bank removed the case to federal district court, where a motion to remand was denied. On interlocutory appeal, the United States Court of Appeals for the Eleventh Circuit ordered the district court to remand the case to state court for lack of subject matter jurisdiction and explicitly disagreed with decisions by the United States Court of Appeals for the Eighth Circuit holding that section 30 completely preempts state usury claims against national banks and thus permits removal of cases asserting state usury laws against them. The question presented is: |
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HUDSON V. UNITED STATES, 522 U.S. 93 (1997) [Syllabus] |
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NATIONAL CREDIT UNION ADMIN. V. FIRST NAT. BANK & TRUST CO., 522 U.S. 479 (1998) [Syllabus] |
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PHILLIPS V. WASHINGTON LEGAL FOUNDATION, 524 U.S. 156 (1998) [Syllabus] |