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Jerry Walker v. Ricky White
State: Tennessee
Court: Court of Appeals
Docket No: M2001-02438-COA-R9-CV
Case Date: 06/20/2002
Plaintiff: Jerry Walker
Defendant: Ricky White
Preview:IN THE COURT OF APPEALS OF TENNESSEE
AT NASHVILLE
April 4, 2002 Session

JERRY WALKER, ET AL. v. RICKY E. WHITE, ET AL.
Direct Appeal from the Circuit Court for Macon County
No. 4287 John D. Wootten, Jr., Judge

No. M2001-02438-COA-R9-CV - Filed June 20, 2002
This is an interlocutory appeal by permission which raises issues of first impression concerning the federal Right to Financial Privacy Act and the Tennessee Financial Records Privacy Act. We first must determine whether state courts retain concurrent jurisdiction to resolve claims brought against a bank by its customer arising under the federal Act.  We hold that federal court jurisdiction under the Act is permissive.  State courts therefore retain concurrent  jurisdiction over such claims.  We further hold that the Tennessee Financial Records Privacy Act is not applicable to federal agencies which issue subpoenas for bank records.  The furnishing of information pursuant to a subpoena issued by a federal agency is governed in Tennessee by the federal Right to Financial Privacy Act. Accordingly, we affirm the trial court
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