Financial Law
1978
Marquette National Bank v. First of Omaha Service Corp.
439 U.S. 299 (1978)
Supreme Court of the United States
Issue
National bank interest-rate exportation, state usury limits, and interstate consumer-credit competition.
Facts
First National Bank of Omaha, a national bank located in Nebraska, issued credit cards to Minnesota residents and charged interest rates permitted by Nebraska law but higher than Minnesota's usury limits. A Minnesota bank sought to enjoin the program unless Omaha Bank complied with Minnesota law.
Holding
The Court held that a national bank may charge interest at the rate allowed by the law of the state where the bank is located, even when lending to out-of-state customers.
Reasoning
Justice Brennan interpreted the National Bank Act's interest provision by focusing on the location of the national bank rather than the customer's residence. The decision treated Congress, not individual host states, as the institution responsible for changing the national-bank interest-rate rule.
Why It Matters
Marquette is a major financial-law case for studying regulatory competition, credit-card markets, federal preemption, and the migration of consumer-credit activity across states.
Research Questions
- How does the allocation of regulatory authority affect coordination, expertise, and capture risk?
- Which private or systemic risks remain outside the court’s doctrinal inquiry?
Case Text and Citation
Cite the reported decision as 439 U.S. 299 (1978). The linked copy is provided for reading access and may be hosted by a court, institutional repository, or secondary case archive.
Open case text: Justia U.S. Supreme Court Center