Retailer K-Mart has asked Madison County Circuit Judge Nicholas Byron for a June 20 hearing on a motion to dismiss a Lakin Law Firm class action claiming K-Mart should give customers change on gift card purchases.

The suit stalled two years ago, with K-Mart's motion pending.

Jeff Millar of the Lakin firm sued K-Mart in 2004, proposing to certify Ashley Peach of Granite City as representative of a plaintiff class.

Millar alleged that K-Mart improperly kept 52 cents from Peach.

He filed similar suits for Peach against Wal-Mart and Fashion Bug.

The Lakins already represented her mother, Armettia Peach, in a proposed Madison County class action against CIM Insurance.

That suit remains open but has stalled.

Armettia Peach purchased the gift cards for Ashley Peach, and in depositions for Fashion Bug both mother and daughter said gift cards were the same as cash.

Ashley Peach dismissed her claim against Fashion Bug but continued pursuing claims against K-Mart and Wal-Mart.

K-Mart and Wal-Mart moved to dismiss, arguing that the amounts she demanded in change remained on the balance of her gift cards.

Two years ago Byron set a hearing on the motion, but a day before he would have held it, K-Mart continued it.

K-Mart informed Byron that opposing counsel had a family emergency.

Nothing happened after that until this May 29, when K-Mart called for a hearing.

Jennifer Kingson of Bryan Cave in St. Louis represents K-Mart.

She also represents Wal-Mart, which did not request a hearing.

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