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McGHEE v. STATE BD. OF COLLECTION AGENCIES

No. 06-381.

243 S.W.3d 278 (2006)

Sharon McGHEE, Sydney McGhee, Roberto Salas, Charles Stewart, Henry Evans, Craig Savell, Patrick Henry Hayes, Individually, and on Behalf of a Class of Similarly Situated Persons, Appellants, v. ARKANSAS STATE BOARD OF COLLECTION AGENCIES and Rusty Guinn, Jerry Markham, Randy Bynum, Opal Lang, and Gary Frala, in Their Official Capacities as Board Members of the Arkansas State Board of Collection Agencies, Appellees; Arkansas Financial Services Association, Intervenor.

Supreme Court of Arkansas.

November 16, 2006.

Attorney(s) appearing for the Case

Todd Turner and Dan Turner, Arkadelphia; Orr, Scholtens, Willhite & Averitt, PLC, by: Chris Averitt, Jonesboro, for appellants.

Thrash Law Firm, by: Thomas P. Thrash, Little Rock; Mike Beebe, Att'y Gen., by: Arnold Jochums, Ass't Att'y Gen., for appellee.

Rose Law Firm, A Professional Association, by: John T. Hardin, Little Rock, for intervenor Arkansas Financial Services Association.

Deborah M. Zuckerman, Washington, DC, AARP Foundation, Jim Jackson, Bryant, counsel of record, arnicus curiae of AARP in support of appellants.

DONALD L. CORBIN, Justice.

This is the second appeal of a case alleging an illegal exaction under article 16, section 13, of the Arkansas Constitution and challenging the constitutionality of the Arkansas Check-Cashers Act, codified at Ark.Code Ann. §§ 23-52-101 to -117 (Repl.2000 & Supp.2003). In the present appeal, Appellants Sharon McGhee, and other members of the class alleging an illegal exaction (collectively referred to as McGhee), argue that...

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