United States Fifth Circuit

The "Par Value" statute, Tex. Bus. & Com. Code section 4.112, which prohibits all banks in Texas from charging a fee for cashing a check that is presented to be drawn against an account that the bank itself holds, is preempted by the National Bank Act, 12 U.S.C. section 21 et seq., and by 12 C.F.R. section 7.4002(a).

Appellate Information

• Decided 02/07/2003
• Published 02/07/2003

Judges

• BENAVIDES, Circuit Judge:, Before DAVIS, JONES and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Robert F. Schneider, Consumers Union of U.S., Southwest Regional Office, Austin, TX, for Consumers Union, Consumer Fed. of America and Ass'n of Community Organizations for Reform Now, Amici Curiae., Daniel M. Formby, State of GA Dept. of Law, Atlanta, GA, for GA Dept. of Banking and Finance, Amicus Curiae., Reginald S. Evans, PA Dept. of Banking, Harrisburg, PA, for PA Dept. of Banking, Amicus Curiae., Douglas Bradford Jordan (argued), Office of the Comptroller of the Currency, Washington, DC, for Office of the Comptroller of the Currency, Amicus Curiae.


• For Appellees:
  
• E. Edward Bruce (argued) Stuart Chase Stock, Keith Alexander Noreika, Covington & Burling, Washington, DC, Thomas T. Rogers, Jackson Walker, Austin, TX, for Plaintiffs-Appellees., Christopher D. Livingston (argued) and David Calvin Mattax, Asst. Atty. Gens., Jeffrey Monroe Graham, Austin, TX, for Defendant-Appellant.