The NCUA has asked a federal judge to dismiss the lawsuit filed by bankers challenging the agency's Member Business Loan rules, contending, among other things, that the bankers cannot prove they are damaged by the plan.

In the suit, the NCUA argues that the recently issued MBL rules simply removed the requirement that credit unions seek agency approval for non-member business loan acquisitions that, when combined with the credit union's member business loans, exceed a statutory cap.

The Independent Community Bankers of America filed suit in federal court in September contending the NCUA's new MBL rules allow credit unions to exceed limitations on business loans that were established by Congress.