District Court, D. South Dakota September 20, 1973, Civ. 72-4078, 72-4079 (Ellingson v. SEARS, ROEBUCK & COMPANY)

MEMORANDUM DECISION AND ORDER

NICHOL, Chief Judge.

In June of 1969, Robert P. Ellingson commenced an action in the Circuit Court of Minnehaha County, South Dakota, against Sears, Roebuck & Company, claiming that the service charge of 18% per year as set forth in the revolving charge account agreements between Ellingson and Sears was usurious.