M & M Leasing Corp. v. Seattle First National Bank

563 F.2d 1377 (1977)

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M & M Leasing Corp. v. Seattle First National Bank

United States Court of Appeals for the Ninth Circuit
563 F.2d 1377 (1977)

  • Written by Robert Cane, JD

Facts

Seattle First National Bank (Seattle First) and Peoples National Bank of Washington (Peoples Bank) (defendants) were in the business of motor-vehicle leasing and the leasing of other personal property. The Office of the Comptroller of the Currency (the comptroller) (defendant) approved of the practice of leasing by First National and Peoples Bank. M & M Leasing Corporation and several other companies (leasing companies) (plaintiffs) were primarily in the business of motor-vehicle leasing. A motor-vehicle lease functions as follows. Car dealers generate leases pursuant to an agreement that a bank will lease the automobile to a dealer’s customer. The lessee assumes all operating costs and risks. The bank extends credit, which is secured by a lien on the underlying property (i.e., the automobile). The leasing companies sued Seattle First, Peoples Bank, and the comptroller, arguing that the leasing of motor vehicles and other personal property is not authorized by the National Bank Act. The district court entered judgment in favor of the leasing companies and enjoined the banks from engaging in certain leasing transactions. Seattle First, Peoples Bank, and the comptroller appealed.

Rule of Law

Issue

Holding and Reasoning (Sneed, J.)

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