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MURPHY v. NATIONAL CITY BANK

No. 08-1483.

560 F.3d 530 (2009)

Juliet M. MURPHY, Plaintiff-Appellant, v. NATIONAL CITY BANK, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 17, 2009.

Attorney(s) appearing for the Case

ARGUED: Carl G. Becker, Becker & Wasvary, Troy, Michigan, for Appellant. Keith A. Noreika, Covington & Burling, Washington, DC, for Appellee. ON BRIEF: Carl G. Becker, Mark K. Wasvary, Becker & Wasvary, Troy, Michigan, for Appellant. Keith A. Noreika, Fuad Rana, Covington & Burling, Washington, DC, Kathleen A. Lang, Dickinson Wright, Detroit, Michigan, Joseph A. Fink, Dickinson Wright, Lansing, Michigan, for Appellee.

Before: MERRITT, ROGERS, and WHITE, Circuit Judges.

OPINION

WHITE, Circuit Judge.

Plaintiff Juliet M. Murphy filed this putative class action, alleging that Defendant National City Bank's practice of charging fees as a condition of cashing official checks violated Michigan's Uniform Commercial Code (MUCC), M.C.L. 440.3412, 440.3413, and 440.3414.1 The district court granted Defendant's motion to dismiss on pre-emption grounds, and did not reach the MUCC issue. We affirm for the...

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