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BEST v. U.S. NATIONAL BANK

TC A7905-02523; CA A32299; SC S32749, S32751.

739 P.2d 554 (1987)

303 Or. 557

Lonnie BEST and Teresa Best, et al., Petitioners/Cross-Respondents On Review, v. United States NATIONAL BANK of Oregon, a National Banking Association, Respondent/Cross-Petitioner On Review.

Supreme Court of Oregon.

Decided July 8, 1987.

Reconsideration Denied September 9, 1987.

Attorney(s) appearing for the Case

Phil Goldsmith, Portland, argued the cause for petitioners/cross-respondents on review. With him on the briefs were Henry A. Carey, P.C., and John D. Ryan, P.C., Portland.

James N. Westwood, Portland, argued the cause for respondent/cross-petitioner on review. With him on the briefs were Clifford N. Carlsen, Jr., R. Alan Wight, and Miller, Nash, Wiener, Hager & Carlsen, Portland.

Susan P. Graber, Portland, filed a brief amicus curiae for First Interstate Bank of Oregon, N.A. With her on the brief were William M. McAllister, Christine Kitchel, Edward J. Reeves, and Stoel, Rives, Boley, Fraser & Wyse, Portland.

Before PETERSON, C.J., and LENT, LINDE, CARSON, JONES and GILLETTE, JJ.

LENT, Justice.

Defendant U.S. National Bank (the Bank) charges its checking account depositors a fee for processing nonsufficient fund (NSF) checks written on their accounts. Between 1973 and 1979, the Bank increased its NSF fee from $3 to $5 per check. Plaintiffs Lonnie and Teresa Best were among the Bank's depositors whose accounts were assessed NSF charges during this period. The Bests, individually and as representatives of a class of depositors, brought this...

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