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WHITE v. CHECK HOLDERS INC.

No. 98-SC-739-CL.

996 S.W.2d 496 (1999)

Sidney N. WHITE, Chapter 13 Trustee for the Estate of Victoria Tevis, Estate of Santina Turner, Estate of Regina Willis, and Estate of Francine Jackman; Victoria Tevis, Individually; Santina Turner, Individually; and Regina Willis, Individually, Appellants, v. CHECK HOLDERS, INC.; and Unknown Entities and Individuals, Appellees.

Supreme Court of Kentucky.

Rehearing Denied August 26, 1999.

Attorney(s) appearing for the Case

John O. Morgan, Jr., Lexington, KY, Jack L. Block, Bina Sanghavi, Rachelle M. Niedzwiecki, Sachnoff & Weaver Ltd., Chicago, IL, Richard A. Fisher, Logan Thompson Miller, Bilbo Thompson Fisher, PC, Cleveland, TN, for appellants.

Steven L. Beshear, J. Clarke Keller, Daniel E. Danford, Stites & Harbison, Lexington, KY, Paul Markgraf, Ft. Mitchell, KY, for appellees.

J. Rick Jones, General Counsel, Robert B. Barnes, Counsel, Department of Financial Institutions, Frankfort, KY, for Amicus Curiae, Kentucky Department of Financial Institutions.

Barbara B. Edelman, Dinsmore & Shohl LLP, Lexington, KY, for Amicus Curiae, Kentucky Deferred Deposit Association.

LAMBERT, Justice.

Pursuant to CR 76.37(1), this Court granted the certification request of the United States District Court for the Eastern District of Kentucky to answer the following question of law:

When a check cashing company licensed under KRS 368 et seq. accepts and defers deposit on a check pursuant to an agreement with the maker of the check, is the service fee charged by the check cashing company a "service fee" and not "interest" under KRS...

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