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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : FRIEL PROSTHETICS, INC. : v. : Civil Action No. DKC 2004-3481 : BANK OF AMERICA, NATIONAL ASSOCIATION :

* * * * * * : MICHELE L. STEWART, et al. : v. : Civil Action No. DKC 2004-3482 : BANK OF AMERICA, NATIONAL ASSOCIATION :

MEMORANDUM OPINION These two cases, each purporting to bring a class action1 challenging the practice of Bank of America of charging fees to persons who cash checks drawn on business accounts at the bank when the persons do not themselves maintain an account there, were removed from the Circuit Court for Montgomery County on the

The purported class in Civil Action No. DKC 04-3481 is "All Bank of America business account holders who issued checks to employees/payees for wages that were cashed at the Bank of America by the employees/payees and who were charged a $5.00 check cashing service fee by the Bank of America in Maryland." In Civil Action No. DKC 04-3482, the class is "All persons in Maryland who received a check for wages from an employer drawn on a Bank of America account, and who were charged a $5.00 check cashing fee or suffered other damage as a result of Bank of America's check cashing fee."

1

basis of diversity of jurisdiction on October 28, 2004. 2

On

November 1, 2004, a divided panel of the United States Court of Appeals for the Fourth Circuit decided Wachovia Bank, N.A. v. Schmidt, 388 F.3d 414 (4th Cir. 2004), holding that, within the meaning of 28 U.S.C.

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Maryland Law