Legal Opinion
Capital One Bank (USA), N.A. v. McGraw
District Court, S.D. West Virginia
Decided June 26, 2008No. 3:08-cr-00165PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
JOSEPH R. GOODWIN, Chief Judge.
Pending before the court is the defendant’s Motion to Dismiss. For reasons set forth below, the defendant’s motion is DENIED in part and GRANTED in part. Because I find as a matter of law that the defendant’s subpoena cannot lawfully be enforced against Capital One Bank (USA), N.A., the defendant and his agents are (1) permanently ENJOINED from issuing subpoenas or demanding the inspection of the books and records of Capital One Bank (USA), N.A., in connection with the defendant’s investigation into credit card lending, and (2)…
2Cases cited26 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Gonzaga University v. DoeSupreme Court of the United States · 2002
- Edwards v. City of GoldsboroCourt of Appeals for the Fourth Circuit · 1999
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3Cited by3 opinions
- Mississippi Department of Revenue v. Pikco Finance, Inc.Mississippi Supreme Court · 2012
- First Nat. Bank of Omaha v. EldridgeNebraska Court of Appeals · 2008
- Chase Bank USA, N.A. v. City of ClevelandDistrict Court, N.D. Ohio · 2010