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CECIL v. ALLIED STORES CORPORATION

No. 12308.

513 P.2d 704 (1973)

Betty Jane CECIL, on behalf of herself and and all others similarly situated, Plaintiff and Respondent, v. ALLIED STORES CORPORATION, a Delaware corporation and "the Paris of Montana" a division of Allied Stores Corporation, Defendants and Appellants.

Supreme Court of Montana.

Submitted March 26, 1973.

Rehearing Denied September 20, 1973.

Attorney(s) appearing for the Case

Jardine, Stephenson, Blewett & Weaver, Great Falls, John D. Stephenson argued, Great Falls, for defendants-appellants.

Smith, Emmons & Baillie, Great Falls, Robert J. Emmons argued and Marvin J. Smith and William L. Baillie appeared, Great Falls, for plaintiff-respondent.

Wesley W. Wertz argued, Helena, Kendrick Smith argued, Butte, Edward C. Alexander argued, Great Falls, Cale Crowley appeared, Billings, A.W. Scribner appeared, Helena, and Geoffrey L. Brazier appeared, Helena, for amicus curiae.

PER CURIAM:

This is a class action by a revolving charge account customer against a retail department store seeking a declaratory judgment (1) that the Montana Retail Installment Sales Act is unconstitutional, or in the alternative (2) that the revolving charge account plan of the store violated the Act prior to its amendment in 1971, and (3) that relief should be granted to all revolving charge account customers of the store in the form of refunds of finance charges...

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