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.