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SCHNALL v. MARINE MIDLAND BANK

No. 1080, Docket 99-7924.

225 F.3d 263 (2000)

Harley SCHNALL, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. MARINE MIDLAND BANK, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 24, 2000.

Attorney(s) appearing for the Case

Alan A. Heller, New York, New York (Stuart A. Blander, Heller, Horowitz & Feit, P.C., on the brief), for Plaintiff-Appellant.

Paul K. Stecker, Buffalo, New York (Allen R. Bivens, Phillips, Lytle, Hitchcock, Blaine & Huber LLP, on the brief), for Defendant-Appellee.

Before: JACOBS, CALABRESI and KATZMANN, Circuit Judges.

JACOBS, Circuit Judge:

Credit-card customer Harley Schnall enjoyed the power to write line of credit ("LOC") checks under the terms of a Cardholder Agreement that treated such checks as creating loan obligations subject to certain disclosed terms. In 1998, defendant-appellee Marine Midland Bank mailed a supply of LOC checks that if used within a stated period would create loan obligations subject to a specially reduced interest rate (the "1998 LOC Checks" or "the...

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