FIRST UNION NAT. BANK OF GA v. Collins

Pope, Presiding Judge.

First Union and seven other banks 1 brought this declaratory judgment action against Marcus Collins, as commissioner of the Department of Revenue, to determine the legality of certain service charges the banks levied in 1992 and 1993 against “dormant” instruments on which the banks were directly liable. The parties stipulate these instruments are “official” bank checks, including cashiers’ and certified checks, dividend and interest checks, escrow checks, money orders, and drafts. The checks at issue became “dormant” when the payees did not present them for payment…