WALLACE v. BANK OF BARTLETT

No. 94-5499.

55 F.3d 1166 (1995)

April WALLACE and Vickie Gwin, et al., Plaintiffs-Appellants, v. BANK OF BARTLETT, Boatmen's Bank of Tennessee, First American National Bank, First Tennessee Bank, N.A., Leader Federal Bank for Savings, National Bank of Commerce, NationsBank, TriState Bank of Memphis and Union Planters National Bank, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 2, 1995.

Rehearing and Suggestion for Rehearing Denied July 7, 1995.


Attorney(s) appearing for the Case

William H. Baughman, Jr. (argued), Weston, Hurd, Fallon, Paisley & Howley, Cleveland, OH, Ira M. Thomas (briefed), Memphis, TN, for Margaret M. Baker.

Robert L. Green (briefed), Neely, Green, Fargarson & Brooke, Ira M. Thomas, Memphis, TN, for Alvin Barnes, April Wallace, Vickie Gwin, et al.

Bill R. Heste (briefed), Hester & McCrary, Bartlett, TN, for Bank of Bartlett.

J.O. Bass, Jr., Bass, Berry & Sims, Nashville, TN, for First American.

John C. Speer, Baker, Donelson, Bearman & Caldwell, Memphis, TN, for First Tennessee Bank.

Robert E. Craddock (briefed), Memphis, TN, for Leader Federal Bank.

Frank J. Glankler, Jr. (briefed), C. Barry Ward, Robert L. Hutton, Glankler, Brown, Gilliland, Chase, Robinson & Raines, Memphis, TN, for National Commerce Bancorporation.

H. Frederick Humbracht, Jr. (briefed), Boult, Cummings, Conners & Berry, Nashville, TN, for Nationsbank of Tennessee.

Elijah Noel, Jr. (briefed), Noel & Sugarmon, Memphis, TN, for Tri-State Bank.

J. Richard Buchignani (briefed), Robert L. Crawford, McDonnell Boyd, Thomas J. Walsh, Jr., Wolff Ardis, Memphis, TN, for Union Planters Nat. Bank.

C. Lee Cagle, David Wade (argued and briefed), Martin, Tate, Morrow & Marston, Memphis, TN, for Boatmen's Bank of Tennessee.

Before: KENNEDY and SUHRHEINRICH, Circuit Judges; HILLMAN, District Judge.


Rehearing and Suggestion for Rehearing En Banc Denied July 7, 1995.

KENNEDY, Circuit Judge.

Plaintiffs brought this action against nine banks doing business in Tennessee (the "Banks")1, alleging that the Banks conspired, in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, to fix the amount of certain fees charged to bank customers. The fees at issue are the fees the Banks charge customers for writing checks upon accounts...

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