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VALLEY BANK OF NEVADA v. PLUS SYSTEM, INC.

No. 89-16287.

914 F.2d 1186 (1990)

VALLEY BANK OF NEVADA, a Nevada Banking corporation, Plaintiff-Appellee, v. PLUS SYSTEM, INC., a Delaware membership corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 11, 1990.

Attorney(s) appearing for the Case

M. Lawrence Popofsky, Heller, Ehrman, White & McAuliffe, San Francisco, Cal., for defendant-appellant.

Steven R. Kuney, Williams & Connolly, Washington, D.C., for plaintiff-appellee.

Before FLETCHER, PREGERSON and NELSON, Circuit Judges.

FLETCHER, Circuit Judge:

Plus System, Inc. ("Plus") appeals the district court's grant of summary judgment to Valley Bank of Nevada ("Valley") on Plus's claim that a Nevada statute violates the commerce clause of the United States Constitution.1 Under the statute, ATM networks may not prohibit a Nevada bank from charging transaction fees to an automated teller machine (ATM) cardholder who withdraws funds from the Nevada bank's ATM but...

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