Legal Opinion

Cherry v. Bank of America NA

Court of Appeals for the Ninth Circuit

Decided March 1, 2004No. Nos. 02-17057, 03-15405; D.C. No. CV-01-01094-JATPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM *

Plaintiff-appellant Jim H. Cherry appeals from the district court’s dismissal of his complaint and from the court’s award of attorneys’ fees to defendant-appellee, Bank of America. Cherry is the holder of a “Flight Fund” credit card issued by Bank of America in accordance with its contract with America West Airlines. He claims that he and his putative class are entitled to damages under the Truth in Lending Act, and under state law, in connection with the alleged failure of Bank of America to lower the interest rate on his credit card pursuant to an agreement Bank of America and…

2Cases cited4 opinions

  1. Irwin v. MurpheyArizona Supreme Court · 1956
  2. Rowland v. Great States InsuranceCourt of Appeals of Arizona · 2001
  3. Flagstaff Medical Center, Inc. v. SullivanCourt of Appeals for the Ninth Circuit · 1992
  4. Gonzales v. Palo Verde Mental Health ServicesCourt of Appeals of Arizona · 1989

3Cited by2 opinions

  1. Pennsylvania State Employees Credit Union v. Fifth Third BankDistrict Court, M.D. Pennsylvania · 2005
  2. Sovereign Bank v. BJ's Wholesale Club, Inc.District Court, M.D. Pennsylvania · 2005

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