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MAZAIKA v. BANK ONE, COLUMBUS, N.A.

439 Pa.Super. 95 (1994)

653 A.2d 640

Jennifer M. MAZAIKA and Daniel A. Mazaika, on behalf of themselves and all others similarly situated, Appellants, v. BANK ONE, COLUMBUS, N.A., Appellee.

Superior Court of Pennsylvania.

Filed December 14, 1994.

Petition for Allowance of Appeal Granted May 25, 1995.

Attorney(s) appearing for the Case

Michael P. Malakoff, Pittsburgh, for appellants.

Mark A. Aronchick, Philadelphia, for appellee.

Before CAVANAUGH, WIEAND, McEWEN, CIRILLO, BECK, TAMILIA, KELLY, POPOVICH and SAYLOR, JJ.

McEWEN, Judge:

The essential questions presented in this appeal by the demurrer of appellee1 are: Did the 38th Congress intend, by the Act of June 3, 1864, to delegate to Ohio the power to define the term "interest" for purposes of preempting all other states' consumer protection laws, and, if, in fact, it did so intend, did the decision of the United States Supreme Court in Marquette National Bank v. First of Omaha Service Corp.,<...

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