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AMERICAN EXP. TRAVEL RELATED SVCS. CO. v. KENTUCKY

No. 09-5898.

641 F.3d 685 (2011)

AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC., Plaintiff-Appellee, v. Commonwealth of KENTUCKY, Kentucky Department of the Treasury, Defendant, Todd Hollenbach, Treasurer, in his official capacity, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 5, 2011.

Attorney(s) appearing for the Case

ARGUED: Stuart W. Cobb , Office of the Kentucky Attorney General, Frankfort, Kentucky, for Appellant. Walter L. Sales , Stoll Keenon Ogden PLLC, Louisville, Kentucky, for Appellee. ON BRIEF: Stuart W. Cobb , Tad Thomas , Office of the Kentucky Attorney General, Frankfort, Kentucky, for Appellant. Walter L. Sales , Timothy J. Eifler , David S. Sullivan , Stoll Keenon Ogden PLLC, Louisville, Kentucky, for Appellee.

Before: KENNEDY and MARTIN, Circuit Judges; MURPHY, District Judge.

OPINION

CORNELIA G. KENNEDY, Circuit Judge.

Defendant-Appellant Todd Hollenbach, the Treasurer of Kentucky, appeals the district court's order declaring unconstitutional an amendment to section 393.060 of the Kentucky Revised Statutes. The amendment shortens the period after which state law imposes a presumption of abandonment on traveler's checks, thereby accelerating the date at which the issuer of an unclaimed traveler's check must remit the outstanding...

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