BANKWEST, INC. v. BAKER

No. CIV.A 1:04-CV-988-MHS.

324 F.Supp.2d 1333 (2004)

BANKWEST, INC., et al., Plaintiffs, v. Thurbert E. BAKER, et al., Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

May 13, 2004.


Attorney(s) appearing for the Case

Ashley Carraway, Atlanta Legal Aid Society, Atlanta, GA, Gary Jay Leshaw, Leigh Braslow Altman, Gary Leshaw and Associates, Decatur, GA, for Center for Responsible Lending (CRL), AARP, Atlanta Legal Aid Society, Inc., Consumer Federation of America, Georgia Legal Services Program, Georgia Watch, National Association of Consumer Advocates, National Consumer Law Center, Community Financial Services Association of America, Ltd., movants.

Michael C. Russ, King & Spalding, Martin Moody Wilson, Alan William Loeffler, Troutman Sanders, Robert A. Bartlett, Charles E. Campbell, Larry Dwight Floyd, Jr., McKenna Long & Aldridge, Atlanta, GA, Charles K. Seyfarth, phv, Robert M. Buell, phv, Bowman and Brooke, Richmond, VA, for BankWest, Inc., Advance America, Cash Advance Centers of Georgia, Inc., plaintiffs.

Sidney R. Barrett, Jr., Isaac Byrd, Thurbert E. Baker, Samantha M. Rein, Office of State Attorney General, Atlanta, GA, for Thurbert E. Baker, Attorney General of the State of Georgia, in his official capacity, Cathy Cox, Secretary of State of the State of Georgia, in her official capacity, defendants.


ORDER

SHOOB, Senior District Judge.

These consolidated cases1 came on for hearing on April 27, 2004, on plaintiffs' motions for a preliminary injunction enjoining enforcement of Georgia's new payday lending law, Act No. 440 (S.B. 157), to be codified at O.C.G.A. §§ 16-17-1 et seq. (the Act),2 on the grounds that it is unconstitutional. The Act was to go into effect on May 1...

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