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BROWN v. BANK OF AMERICA, N.A.

Civil Action No. 05-10713-PBS.

457 F.Supp.2d 82 (2006)

Douglas S. BROWN, Stephen Kawelti and James A. Prosser, Plaintiffs, v. BANK OF AMERICA, N.A., Defendant.

United States District Court, D. Massachusetts.

October 17, 2006.

Attorney(s) appearing for the Case

Cathleen M. Combs, Edelman, Combs, Latturner & Goodwin, LLC, Chicago, IL, Christopher M. Lefebvre, Pawtucket, RI, for Plaintiffs.

Christopher A. Edwards, E. Macey Russell, Robert M. Buchanan, Jr., Choate, Hall & Stewart, Boston, MA, Rebekah Elisabeth Kaufman, William L. Stern, Morrison and Forester, San Francisco, CA, for Defendant.

MEMORANDUM AND ORDER

SARIS, District Judge.

INTRODUCTION

Proposed class plaintiffs bring this action against Bank of America, N.A. to challenge the adequacy of the fee notices posted on automatic teller machines ("ATMs") in four states: Massachusetts, Rhode Island, Maryland, and California.1 In the Second Amended Complaint, they allege that the notice provided by Bank of America is insufficient pursuant to the...

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