111805P.pdf   06/29/2011  TCF National Bank  v.  Ben Bernanke
   U.S. Court of Appeals Case No:  11-1805
   U.S. District Court for the District of South Dakota - Sioux Falls   
   [PUBLISHED][Melloy, Author, with Murphy and Smith, Circuit Judges]
   Civil case - Dodd-Frank Wall Street Reform Act of 2010. District court did 
   not err in denying TCF's motion for a preliminary injunction to halt 
   implementation of provisions of the Durbin Amendment to the Dodd-Frank Wall 
   Street Reform Act; even assuming that TCF possesses a sufficient property 
   interest to raise a due process challenge to the Amendment, it is unlikely to 
   prevail on the merits of the claim as the challenged provisions survive a 
   rational basis review for the reasons set forth in the district court's 
   analysis, namely that Congress's decision to link interchange fees to issuing 
   banks' actual costs bears a reasonable relationship to two proper legislative 
   purposes: (1) to ensure that such fees are reasonable and (2) to prevent 
   retailers and consumers from having to bear a disproportionate amount of 
   costs of the debit card system; nor is TCF likely to prevail on the merits 
   of its equal-protection claim.