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BEST v. U.S. NATIONAL BANK

A7905-02523; CA A32299.

714 P.2d 1049 (1986)

Lonnie BEST and Teresa Best, for Themselves Individually, and for All Other Persons Similarly Situated, Appellants-Cross-Respondents, v. United States NATIONAL BANK of Oregon, a National Banking Association, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided February 26, 1986.

Reconsideration Denied April 17, 1986.

Attorney(s) appearing for the Case

Phil Goldsmith, Portland, argued the cause for appellants-cross-respondents. With him on briefs were Henry A. Carey and John D. Ryan, Portland.

James N. Westwood, Portland, argued the cause for respondent-cross-appellant. With him on brief were Clifford N. Carlsen, Jr., R. Alan Wight, and Miller, Nash, Wiener, Hager & Carlsen, Portland.

Before RICHARDSON, P.J., and WARDEN and ROSSMAN, JJ.

RICHARDSON, Presiding Judge.

This is a class action challenging the validity of defendant bank's service charge for processing checks drawn against nonsufficient funds (NSF charge). Plaintiffs brought this action on behalf of themselves and other persons similarly situated. They alleged six claims for relief. On their second (breach of good faith) and fourth (penalty) claims, the trial court certified a class comprised of natural persons who were Oregon residents...

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