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KEDZIOR v. NORWEST BANK MINN., NAT. ASS'N

No. C2-94-1662.

527 N.W.2d 119 (1995)

Richard KEDZIOR, on behalf of himself and all others similarly situated, by Ruth Seelen, his successor, Appellants, v. NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, f/k/a Norwest Bank, Minneapolis, National Association, et al., Respondents.

Court of Appeals of Minnesota.

Review Denied March 29, 1995.

Attorney(s) appearing for the Case

William H. Crowder, Susan Ford Bedor, Vildan A. Teske, Crowder & Bedor, St. Paul, Seymour J. Mansfield, Richard J. Fuller, Mansfield & Tanick, P.A., Minneapolis, MN, for appellants.

James L. Volling, Charles F. Webber, John Edward Connelly, Faegre & Benson, Minneapolis, for respondents.

Considered and decided by KALITOWSKI, P.J., and PARKER, and HARTEN, JJ.

OPINION

KALITOWSKI, Presiding Judge.

Appellant Ruth Seelen, on behalf of Richard Kedzior, seeks review of the district court's judgment granting respondent's motion to dismiss for failure to state a claim. Appellants contend the district court erred in construing the term "collect" in Minn.Stat. § 168.74 (1990) of the Motor Vehicle Retail Installment Sales Act (MVRISA), as requiring actual receipt of an excessive deferral fee to constitute a violation...

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