DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
992930P.pdf 07/28/2000 Paul T. Krispin v. May Dept. Stores
U.S. Court of Appeals Case No: 99-2930
and No: 99-3002
Eastern District of Missouri
Civil case - consumer law. Class action claims that department
store's late fees on credit accounts violated Missouri law were
preempted by the National Bank Act, and the district court
properly removed the case to federal jurisdiction; however,
court erred in dismissing the case because plaintiffs faced a
Hobson's choice in pleading the matter in state court and had
to deny the Bank Act applied in order to advance their argument
that federal jurisdiction should not be exercised; interests of
justice require that case be remanded to allow plaintiffs to
amend their complaint to present the Bank Act claim.