Hiatt v. San Francisco National Bank

361 F.2d 504 Barbara L. HIATT, Appellant, v. SAN FRANCISCO NATIONAL BANK, Doe One, Doe Two, and Federal Deposit Insurance Corporation as Receiver of San Francisco National Bank, Appellees. No. 20465. United States Court of Appeals Ninth Circuit. April 29, 1966. Edmond C. Ward, Pendergrass, McKenney, Perry & Ward, San Rafael, Cal., for appellant. Roy A. Bronson, Alan I. Kaplan, Harold R. McKinnon, Bronson, Bronson & McKinnon, San Francisco. Cal., for appellees. Robert D. Raven, Melvin R. Goldman, Morrison, Foerster, Holloway, Clinton & Clark, San Francisco, Cal., for amicus curiae, California Bankers Ass'n. Before POPE, BARNES, and ELY, Circuit Judges. ELY, Circuit Judge: 1 Appellant, plaintiff below, appeals from the District Court's dismissal of her complaint. The action was based upon the claim that usurious interest had been charged and collected by the appellee, San Francisco National Bank, a national banking association. 1 It was begun in the California state court and removed to the District Court, where jurisdiction was grounded upon the provisions of sections 1346 and 1348 of Title 28, U.S.C. and section 1819 of Title 12, U.S.C. 2 The appellant borrowed a sum…