CADES v. H & R BLOCK, INC.

No. 93-2555.

43 F.3d 869 (1994)

Benjamin F. CADES, individually, and on behalf of all persons similarly situated, Plaintiff-Appellant, v. H & R BLOCK, INCORPORATED; Beneficial National Bank, Defendants-Appellees. State of West Virginia; State of Michigan; State of Kentucky; State of Connecticut; Iowa Division of Banking; Arkansas State Bank Department; American Bankers Association; American Financial Services Association; Consumer Bankers Association; Delaware Bankers Association; Maryland Bankers Association; North Carolina Bankers Association; South Carolina Bankers Association; Virginia Bankers Association; Illinois Commissioner of Banks and Trust Companies; Delaware State Bank Commissioner; State of Ohio; Commissioner of the Nevada Division of Financial Institutions; Commissioner of Financial Institutions of the State of Utah; South Carolina Department of Consumer Affairs, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided December 30, 1994.


Attorney(s) appearing for the Case

ARGUED: George Grice Reaves, Reaves & Moore, Florence, SC, for appellant. Jeffrey S. Saltz, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, PA, for appellees. ON BRIEF: Benjamin D. Moore, Reaves & Moore, Florence, SC; John B. Long, Dye, Tucker, Everitt, Wheale & Long, Augusta, GA, for appellant. Alan S. Kaplinsky, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, PA; Thornwell F. Sowell, J. Calhoun Watson, Barbara E. Brunson, Nelson, Mullins, Riley & Scarborough, Columbia, SC; N. Louise Ellingsworth, Smith, Gill, Fisher & Butts, Kansas City, MO; Wheeler Neff, Asst. Gen. Counsel, Beneficial Corp., Wilmington, DE, for appellees. Darrell L. Dreher, Steven T. Catlett, Charles M. Oellermann, Jones, Day, Reavis & Pogue, Columbus, OH, for amici curiae, Tennessee Department of Financial Institutions; Director of Banking of South Dakota; Arizona Superintendent of Banks.

Before HAMILTON, Circuit Judge, BUTZNER, Senior Circuit Judge, and GARBIS, United States District Judge for the District of Maryland, sitting by designation.


Affirmed by published opinion. Senior Judge BUTZNER wrote the opinion, in which Judge HAMILTON and Judge GARBIS joined.

OPINION

BUTZNER, Senior Circuit Judge:

Benjamin F. Cades appeals district court orders denying his motion to remand his complaint to state court and granting defendants H & R Block and Beneficial National Bank summary judgment. We affirm.

I

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