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McGHEE v. ARK. BD. OF COLLECTION AGENCIES

No. 08-164.

289 S.W.3d 18 (2008)

Sharon McGHEE, Sydney McGhee, Roberto Salas, Charles Stewart, Henry Evans, Craig Savell, and Patrick Henry Hays, Individually and o/b/o 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 and Arkansas Federal Credit Union, Intervenors.

Supreme Court of Arkansas.

November 6, 2008.

Attorney(s) appearing for the Case

Arnold, Batson Turner & Turner, by Todd Turner, Arkadelphia; Scholtens & Averitt, by Chris Averitt, Jonesboro, for appellants.

Thrash Law Firm, by Thomas P. Thrash, Little Rock, for appellees.

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

Deborah Zuckerman, AARP Foundation; Michael Schuster, AARP; Jim Jackson, Little Rock; and Eric Halperin, Melissa Briggs, Daniel Mosteller, Wasington, DC, Center for Responsible Lending, for amici curiae AARP, Arkansas Advocates for Children and Families, and Center for Responsible Lending.

Brian G. Brooks, Greenbriar, for amicus curiae Arkansas Trial Lawyers Ass'n.

PAUL E. DANIELSON, Justice.

Appellants Sharon McGhee, et al. (hereinafter collectively referred to as "McGhee") appeal from the circuit court's order denying their motion for declaratory judgment and finding that the Arkansas Check-Cashers Act, Arkansas Code Annotated §§ 23-52-101-23-52-117 (Repl.2000 & Supp.2007), was constitutional. McGhee's sole point on appeal is that the circuit court erred in denying her motion and in finding the Act constitutional...

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