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ELLINGSON v. SEARS, ROEBUCK & COMPANY

Civ. Nos. 72-4078, 72-4079.

363 F.Supp. 1344 (1973)

Robert P. ELLINGSON and Gaylon A. French, for themselves and all others similarly situated, Plaintiffs, v. SEARS, ROEBUCK & COMPANY, a corporation, Defendant. Gale E. FISHER, for himself and all others similarly situated, Plaintiff, v. SEARS, ROEBUCK & COMPANY, a corporation, Defendant.

United States District Court, D. South Dakota, S. D.

September 20, 1973.

Attorney(s) appearing for the Case

Gale E. Fisher of May, Johnson & Burke, Sioux Falls, S. D., and George A. Bangs of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, S. D., for plaintiffs.

Gary J. Pashby of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, S. D., for defendant.

MEMORANDUM DECISION AND ORDER

NICHOL, Chief Judge.

In June of 1969, Robert P. Ellingson commenced an action in the Circuit Court of Minnehaha County, South Dakota, against Sears, Roebuck & Company, claiming that the service charge of 18% per year as set forth in the revolving charge account agreements between Ellingson and Sears was usurious. In January, 1970, plaintiff Ellingson moved for an order declaring the action be deemed maintainable as a class...

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