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H & R BLOCK EASTERN ENTERPRISES, INC. v. RASKIN

Nos. 08-2162, 08-2163.

591 F.3d 718 (2010)

H & R BLOCK EASTERN ENTERPRISES, INCORPORATED, Plaintiff-Appellant, v. Sarah Bloom RASKIN, In her official capacity as Commissioner of the Division of Financial Regulation of the Maryland Department of Labor, Licensing and Regulation, Defendant-Appellee. H & R Block Eastern Enterprises, Incorporated, Plaintiff-Appellee, v. Sarah Bloom Raskin, In her official capacity as Commissioner of the Division of Financial Regulation of the Maryland Department of Labor, Licensing and Regulation, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 15, 2010.

Attorney(s) appearing for the Case

ARGUED: Jerrold Joseph Ganzfried, Howrey, LLP, Washington, D.C., for Appellant/Cross-Appellee. Jonathan R. Krasnoff, Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellee/Cross-Appellant. ON BRIEF: Matthew M. Neumeier, Gabriel A. Crowson, Howrey, LLP, Chicago, Illinois; William Murphy, Jr., Richard V. Falcon, The Murphy Firm, Baltimore, Maryland, for Appellant/Cross-Appellee. Douglas F. Gansler, Attorney General of Maryland, Baltimore, Maryland, for Appellee/Cross-Appellant.

Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge MOTZ and Judge TRENGA joined.

OPINION

KING, Circuit Judge:

In 2007, Plaintiff H & R Block Eastern Enterprises, Incorporated ("Block"), instituted a three-count civil action in the District of Maryland, seeking declaratory and injunctive relief with respect to enforcement of Maryland's Credit Services Businesses Act (the "CSBA"). See Md.Code Ann., Com. Law §§ 14-1901 to -1916. More specifically, Block sought to bar the Commissioner of the Division of Financial

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