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HAHN v. McKENZIE CHECK ADVANCE OF ILLINOIS, LLC

No. 99-3103.

61 F.Supp.2d 813 (1999)

William D. HAHN, Plaintiff, v. McKENZIE CHECK ADVANCE OF ILLINOIS, LLC, doing business as National Cash Advance, and John Does 1-10, Defendants.

United States District Court, C.D. Illinois, Springfield Division.

August 25, 1999.

Attorney(s) appearing for the Case

Daniel A. Edelman, Cathleen M. Combs, Edelman & Combs, Chicago, IL, Philip Milsk, Springfield, IL, for William D. Hahn, plaintiff.

Almon A. Manson, Brown Hay & Stephens, Springfield, IL, Daniel P. Shapiro, David J. Chizewer, Goldberg Kohn Bell Black Rosenbloom & Moritz Ltd, Chicago, IL, Charles A. Zdebski, Tracey A. Drohan, Troutman Sanders LLP, Washington, DC, Claudia Callaway, Paul Hastings Janofsky & Walker LLP, Washington, DC, for McKenzie Check Advance of Illinois, LLC, defendant.

OPINION

RICHARD MILLS, District Judge.

The dispositive issue in this Truth in Lending Act case relates to whether, under Illinois law, a post-dated check can be used to secure repayment of a "payday loan."

In short, the answer is "yes."

Motion to Dismiss allowed.

I. Facts alleged in the complaint

A. General allegations

Defendant National Cash Advance ("NCA"...

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