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MDPSA v. FINANCIAL & INS. COM'R

Docket No. 292685.

788 N.W.2d 842 (2010)

287 Mich. App. 326

MICHIGAN DEFERRED PRESENTMENT SERVICES ASSOCIATION, INC. v. COMMISSIONER OF the OFFICE OF FINANCIAL AND INSURANCE REGULATION.

Court of Appeals of Michigan.

Decided February 18, 2010, at 9:00 a.m.

Attorney(s) appearing for the Case

Fried Porter, PLLC (by Louis J. Porter ), for plaintiff.

Michael A. Cox , Attorney General, B. Eric Restuccia , Solicitor General, and David W. Silver , Assistant Attorney General, for defendant.

Before: WILDER, P.J., and O'CONNELL and TALBOT, JJ.

PER CURIAM.

This civil rights dispute brought under 42 U.S.C.A. § 1983 concerns an administrative order issued by defendant, Commissioner of the Office of Financial and Insurance Regulation (OFIR), that allegedly prohibited plaintiff's members from seeking, in this state's courts, treble damages for nonsufficient funds (NSF) checks given by their customers. In its January 14, 2009, opinion and order, the lower court struck down defendant's administrative order...

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