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JONES v. PEOPLE'S HERITAGE BANK

No. CV103-096.

433 F.Supp.2d 1328 (2006)

Patricia JONES, individually and for all other persons similarly situated, Plaintiff, v. PEOPLE'S HERITAGE BANK, now known as Banknorth, N.A., Amerifee, LLC d/b/a Orthodontist Fee Plan, Dental Fee Plan, Vision Fee Plan and Cosmetic Fee Plan, Defendants.

United States District Court, S.D. Georgia, Augusta Division.

March 29, 2006.

Attorney(s) appearing for the Case

Stanley G. Jackson, Augusta, GA, Timothy D. Roberts, Oliver, Maner & Gray, LLP, Savannah, GA, for Patricia Jones Individually and for all other persons similarly situated, Plaintiff.

Harry D. Revell, Nicholson Revell, LLP, Augusta, GA, Thomas M. Byrne, Sutherland, Asbill & Brennan, LLP, Valerie Strong Sanders, Sutherland, Asbill & Brennan, LLP, Atlanta, GA, Amy R. Snell, Fulcher Hagler, LLP, Augusta, C. Jay Thomson, Morrison & Foerster, LLP, James Francis McCabe, Morrison & Foerster, LLP, San Francisco, CA, James W. Purcell, Fuicher Hagler, LLP, Augusta, Andrew W. Broy, Sutherland, Asbill & Brennan, LLP, Atlanta, GA, for Banknorth Group, Inc. d/b/a People's Heritage Bank, Capital One Financial Corporation d/b/a Amerifee, Banknorth, N.A. formerly People's Heritage Bank, N.A., Amerifee, LLC d/b/a Orthodontist Fee Plan, Dental Fee Plan, Vision Fee Plan, and Cosmetic Fee Plan, Defendants.

ORDER

MOORE, Chief Judge.

Before the Court are Defendants Banknorth, N.A.'s (formerly People's Heritage Bank, N.A.) and AmeriFee, LLC's ("AmeriFee") motions for summary judgment. (Does. 85 & 91, respectively). For the reasons stated below, Banknorth, N.A.'s motion is GRANTED IN PART, and AmeriFee's motion is DENIED as moot.

BACKGROUND

Plaintiff suffered injuries in an automobile accident, which required approximately...

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