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HARJOE v. HERZ FINANCIAL

No. SC 84858.

108 S.W.3d 653 (2003)

David L. HARJOE, Respondent, v. HERZ FINANCIAL, Appellant.

Supreme Court of Missouri, En Banc.

July 1, 2003.

Attorney(s) appearing for the Case

Mary Ann L. Wymore, Kevin F. Hormuth, St. Louis, for appellant.

Karl W. Dickhaus, St. Louis, Max G. Margulis, Chesterfield, for respondent.

Raymond W. Gruender, III, U.S. Atty., Joseph B. Moore, Asst. U.S. Atty., Robert D. McCullum, Jr., Atty. Gen., St. Louis, amicus curiae.

Mark B. Stern, Eric D. Miller, U.S. Department of Justice—Civil Division, Washington, D.C., Amicus Curiae (United States of America).

PER CURIAM.

Herz Financial sent David L. Harjoe nine facsimiles, consisting of 18 pages. Harjoe filed this suit claiming a violation of the "Telephone Consumer Protection Act of 1991," 47 U.S.C. section 227.1 On cross motions for summary judgment, the circuit court entered judgment for Harjoe and awarded him $9,000 and court costs. Herz Financial appeals, challenging the validity of the federal act, a statute of the United States. This...

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