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BURKE v. FLEET NATIONAL BANK

(SC 16157)

252 Conn. 1 (1999)

JOHN P. BURKE, COMMISSIONER OF BANKING, ET AL. v. FLEET NATIONAL BANK ET AL.

Supreme Court of Connecticut.

Officially released December 20, 1999.

Attorney(s) appearing for the Case

Richard Blumenthal, attorney general, with whom were Gregory T. D'Auria and William J. Prensky, assistant attorneys general, for the appellants (plaintiffs).

Daniel L. FitzMaurice and Donald E. Frechette, with whom were James S. Rollins and Michael Shea, for the appellees (defendants).

Victoria L. Veltri filed a brief for Greater Hartford Legal Assistance as amicus curiae.

Ronald W. Zdrojeski, Cynthia L. Amara, pro hac vice, and Loretta Smith, pro hac vice, filed a brief for the New England Legal Foundation as amicus curiae.

Borden, Berdon, Norcott, Katz, Palmer, Callahan and Lavery, Js.

Opinion

BORDEN, J.

The sole issue in this reservation is whether General Statutes § 36a-1561 prohibits a bank2 from charging a convenience fee to a nondepositor who uses that bank's automated teller machine (ATM). We answer the reservation in the negative.

The stipulation reveals the following facts. The plaintiffs are John P. Burke, the...

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