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TOLBERT v. FIRST NATIONAL BANK

A8004-02328; CA A37591.

772 P.2d 1373 (1989)

96 Or.App. 398

William J. and Melanie TOLBERT, Husband and Wife, and Beverly Witt, for Themselves Individually and for All Other Persons Similarly Situated, Appellants, v. FIRST NATIONAL BANK of Oregon, a National Banking Association, Respondent.

Court of Appeals of Oregon.

Argued and Submitted April 3, 1989.

Attorney(s) appearing for the Case

Phil Goldsmith, Portland, argued the cause for appellants. With him on the briefs were Jerome E. LaBarre, and LaBarre & Associates, P.C., Portland, and John D. Ryan and Ryan & Helzer, Beaverton.

William M. McAllister, Portland, argued the cause for respondent. With him on the brief were Christine Kitchel, Edward J. Reeves and Stoel Rives Boley Jones & Grey, Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Plaintiffs in this class action are persons with nonbusiness checking accounts at the defendant bank who seek to recover part of the amounts that they paid as insufficient fund (NSF) check charges between April, 1974, and April, 1980. Plaintiffs alleged in separate claims that the charges were unconscionable, that they were an unlawful penalty and that they constituted a breach of defendant's obligation to perform its contracts with depositors...

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