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QUIK PAYDAY, INC. v. STORK

No. 07-3289.

549 F.3d 1302 (2008)

QUIK PAYDAY, INC., Plaintiff-Appellant, v. Judi M. STORK, in her official capacity as Acting Bank Commissioner; Kevin C. Glendening, in his official capacity as Deputy Commissioner of the Office of the State Bank Commissioner, State of Kansas, Defendants-Appellees. Americans for Tax Reform; Online Lenders Alliance, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

December 12, 2008.

Attorney(s) appearing for the Case

Daniel V. Folt, Duane Morris, LLP, Wilmington, DE, (Matt Neiderman, Duane Morris, LLP, Robert J. Hoffman and Jeremiah J. Morgan, Bryan Cave LLP, Kansas City, MO, with him on the briefs), for Plaintiff-Appellant.

Adrian E. Serene, Staff Attorney, (Jacob D. McElwee, Staff Attorney, on the brief), Office of the State Bank Commissioner, Topeka, KS, for Defendants-Appellees.

Richard P. Bress and Melissa B. Arbus, Counsel for Online Lenders Alliance, Latham & Watkins LLP, Washington, DC., and Cleta Mitchell, Counsel for Americans for Tax Reform, Foley & Lardner, LLP, Washington, DC, filed an amicus curiae brief for Online Lenders Alliance and Americans for Tax Reform.

Before HARTZ, HOLLOWAY, and ANDERSON, Circuit Judges.

HARTZ, Circuit Judge.

Quik Payday, Inc., which used the Internet in making short-term loans, appeals from the district court's rejection of its constitutional challenge to the application of Kansas's consumer-lending statute to those loans. Defendants were Judi M. Stork, Kansas's acting bank commissioner, and Kevin C. Glendening, deputy commissioner of the state's Office of the State Bank Commission (OSBC), both in their official capacities.

Quik Payday argues...

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