Treadway v. Nations Credit Financial Services Corporation

State: Illinois

Court: 5th District Appellate

Docket No: 5-06-0425 Rel

Case Date: 07/17/2008

Preview:N O T IC E Decision filed 07/17/08. The text of this dec ision m ay b e changed or corrected prior to the P e t i ti o n for filing of a or the

NO. 5-06-0425 IN THE APPELLATE COURT OF ILLINOIS

Re hea ring

FIFTH DISTRICT _________________________________________________________________________ GARY TREADWAY, Special Representative of the Estate of Juanita Treadway, Deceased, Individually and on Behalf of Others Similarly Situated, ) Appeal from the ) Circuit Court of ) Madison County. ) ) Plaintiff-Appellant, ) ) v. ) No. 05-L-27 ) NATIONS CREDIT FINANCIAL SERVICES ) CORPORATION, d/b/a EquiCredit, ) Honorable ) Lola P. Maddox, Defendant-Appellee. ) Judge, presiding. _________________________________________________________________________ JUSTICE SPOMER delivered the opinion of the court: The plaintiff, Gary Treadway, the special representative of the estate of Juanita Treadway, deceased, individually and on behalf of others similarly situated, appeals the order of the circuit court of Madison County that dismissed his class action complaint against the defendant, Nations Credit Financial Services Corp., doing business as EquiCredit (EquiCredit). The plaintiff raises the following issues on appeal: (1) whether the circuit court erred in dismissing Gary Treadway's complaint on the basis that it is preempted by sections 85 and 86 of the National Bank Act (12 U.S.C.

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