SPGGC, LLC v. AYOTTE

No. 06-2326.

488 F.3d 525 (2007)

SPGGC, LLC; Metabank; U.S. Bank, N.A., Plaintiffs, Appellees, v. Kelly A. AYOTTE, New Hampshire Attorney General, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 30, 2007.


Attorney(s) appearing for the Case

David A. Rienzo, with whom Richard W. Head, Senior Assistant Attorney General, New Hampshire Department of Justice, were on brief, for appellant.

Paul W. Shaw, with whom Margaret M. Pinkham and Brown Rudnick Berlack Israels LLP, was on brief, for appellee SPGGC, LLP.

Christine B. Cesare, with whom Bryan Cave LLP, Bruce Felmly, and McLane, Graf, Raulerson & Middleton, P.A., was on brief, for appellee Metabank.

James R. McGuire, with whom Morrison & Foerster LLP, was on brief, for appellee U.S. Bank, N.A.

Douglas B. Jordan, Senior Counsel, Litigation Division, Office of the Comptroller of the Currency, with whom Julie L. Williams, Chief Counsel, Daniel P. Stipano, Deputy Chief Counsel, and Horace G. Sneed, Director, Litigation Division, was on brief for the Office of the Comptroller of the Currency, as amicus curiae in support of appellee U.S. Bank, N.A.

Before TORRUELLA, Circuit Judge, TASHIMA, Senior Circuit Judge, and LIPEZ, Circuit Judge.


TORRUELLA, Circuit Judge.

This is a case about the power of a state to regulate activities of national banks and national thrifts if these activities are carried out by third-party agents. New Hampshire passed a statute restricting the sale of "gift certificates," including stored value giftcards issued by national banks and national thrifts, that carry expiration dates or are subject to administrative fees. New Hampshire Consumer Protection Act, N.H.Rev.Stat. Ann...

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