Court of Appeals for the Eighth Circuit April 20, 1973, Nos. 72-1135, 72-1507 (Burns v. American National Bank & Trust Co.)

ROSS, Circuit Judge.

These cases present identical jurisdictional questions under provisions of the National Bank Act. Both Burns and Fisher brought an action in federal court against a national bank seeking to *27recover usury penalties for themselves and for other members of their class, under 12 U.S.C. §§ 85 and 86.