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AMERICAN EXP. TRAVEL RELATED SERVICES v. KENTUCKY

No. 12-6249.

730 F.3d 628 (2013)

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

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 17, 2013.

Attorney(s) appearing for the Case

ARGUED: Walter L. Sales , Stoll Keenon Ogden PLLC, Louisville, Kentucky, for Appellant. Brian T. Judy , Office of The Kentucky Attorney General, Frankfort, Kentucky, for Appellee. ON BRIEF: Walter L. Sales , Timothy J. Eifler , K. Timothy Kline , Stoll Keenon Ogden PLLC, Louisville, Kentucky, Paul C. Harnice , Sarah Jackson Bishop , Stoll Keenon Ogden PLLC, Frankfort, Kentucky, for Appellant. Brian T. Judy , Angela C. Evans , Office of the Kentucky Attorney General, Frankfort, Kentucky, for Appellee.

Before: SILER and COLE, Circuit Judges; DOWD, District Judge.

OPINION

SILER, Circuit Judge.

Plaintiff American Express Travel Related Services Co., Inc. ("AmEx") appeals the grant of summary judgment in favor of defendant Todd Hollenbach, Treasurer of the Commonwealth of Kentucky, in this action challenging the retroactivity and constitutionality of an amendment to Kentucky Revised Statute (KRS) § 393.060(2), which shortened the presumptive abandonment period for...

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