Legal Opinion

Johnson v. Midwest ATM, Inc.

District Court, D. Minnesota

Decided July 31, 2012No. Civil No. 11-1926(DSD/JJK)PublishedCited by 2 opinions

1Opinion of the Court

ORDER

DAVID S. DOTY, District Judge.

This matter is before the court upon the motion to dismiss by defendants Midwest ATM, Inc. and Rustad & Associates, Inc. (collectively, Midwest).1 Based on a review of the file, record and proceedings herein, and for the following reasons, the motion is granted.

BACKGROUND

This dispute arises from Midwest’s operation of an automated teller machine *1073(ATM) at 600 Kenwood Parkway, Minneapolis, Minnesota 55403 (Kenwood Parkway). On January 8, 2011, Johnson was charged a $2.50 user fee after withdrawing money from a Kenwood Parkway ATM. Am. Compl. ¶ 10. Although the…

2Cases cited12 opinions

  1. Spencer v. KemnaSupreme Court of the United States · 1998
  2. Joseph Osborn and Pamela Osborn, Individually and as Father and Mother and Guardians Ad Litem of Shawna Osborn v. United StatesCourt of Appeals for the Eighth Circuit · 1990
  3. Marek v. ChesnySupreme Court of the United States · 1985
  4. Pitts v. Terrible Herbst, Inc.Court of Appeals for the Ninth Circuit · 2011
  5. Claire Rand, Custodian for Brett Rand v. Monsanto CompanyCourt of Appeals for the Seventh Circuit · 1991

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3Cited by2 opinions

  1. Lisa Mabary v. Home Town Bank, N.A.Court of Appeals for the Fifth Circuit · 2014
  2. Epps v. Wal-Mart Stores, Inc.District Court, E.D. Arkansas · 2015

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