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Banking, Business and Contracts No. 01-02-00789-CV, 6/5/2003. Click here for the full text of this decision FACTS:Edward M. Patten, appellant, sued Maryland Bank, N.A. (MBNA), appellee, for usury and violation of 12 U.S.C. � 85 of the National Banking Act. Appellee filed a motion for summary judgment, and the trial court granted the motion. In 1999, appellee issued appellant a Platinum Plus credit card. In his lawsuit, appellant claimed that appellee charged and received interest in excess of the amount authorized by law. Appellant asserted that �303.009(d) of the Texas Finance Code sets the maximum rates of interest that appellee is authorized to contract for, charge, and or receive on credit card transactions at 21 percent per annum; and the 24.98 percent interest appellee charged constituted usury pursuant to the provisions of the Texas Finance Code and violated 12 U.S.C. �85 of the National Banking Act. HOLDING: Affirmed. Appellee’s motion for summary judgment states that it is a national bank organized and located in the State of Delaware. Appellee correctly cites Marquette National Bank of Minneapolis v. First of Omaha Service Corp., which held that �85 plainly provides that a national bank may charge interest “on any loan” at the rate allowed by the laws of the State in which the bank is “located.” In addition, appellee correctly cites Delaware banking laws which allow a bank to charge and collect periodic interest in respect of a loan at such daily, weekly, monthly, annual or other periodic percentage rate or rates as the agreement governing . . . . the loan provides or as established in the manner provided in such agreement. Appellee also correctly cites Smiley v. Citibank, 517 U.S. 735, 116 S. Ct. 1730 (1996), which held that the National Bank Act of 1864 preempts state law. OPINION: Nuchia, J.; Hedges, Nuchia and Keyes, JJ.

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