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ALDENS, INC. v. RYAN

No. 76-1731.

571 F.2d 1159 (1978)

ALDENS, INC., Appellant, v. Patrick C. RYAN, Administrator of Consumer Affairs for the State of Oklahoma, Appellee.

United States Court of Appeals, Tenth Circuit.

Decided February 27, 1978.

Rehearing Denied February 13, 1978.

Attorney(s) appearing for the Case

Jap W. Blankenship of Fellers, Snider, Blankenship & Bailey, Oklahoma City, Okl. (James D. Fellers, Oklahoma City, Okl., and Raymond N. Friedlander, Chicago, Ill., of counsel, with him on the brief), for appellant.

Larry C. Brawner, Gen. Counsel, Oklahoma Dept. of Consumer Affairs, Oklahoma City, Okl., for appellee.

Randolph R. Mahan, Asst. Atty. Gen., and Kathleen G. Smith, Staff Atty., Columbia, S. C., on the brief for amicus curiae, Irvin D. Parker, Administrator for the S. C. Dept. of Consumer Affairs, Columbia, S. C.

Before SETH, Chief Judge, and HOLLOWAY and BARRETT, Circuit Judges.

SETH, Chief Judge.

This is a challenge to the Oklahoma Consumer Credit Code, 14A Okl.Stats. §§ 1-201(5)(a) and 1-201A, as it applies the maximum interest rates to credit sales, and which does not permit actions in Oklahoma to collect balances where the interest rates exceed the Code maximum. It is brought by a mail-order house doing business in Illinois.

The plaintiff sought a declaratory judgment that the application of the Code provisions to its...

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