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PHILBECK v. TIMMERS CHEVROLET, INC.

No. 73-3586.

499 F.2d 971 (1974)

Norlinda D. PHILBECK, Plaintiff-Appellee, v. TIMMERS CHEVROLET, INC. and General Motors Acceptance Corporation, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 3, 1974.

Attorney(s) appearing for the Case

Joseph W. Crooks, Atlanta, Ga., for Timmers Chevrolet, Inc.

A. Mims Wilkinson, Jr., R. Byron Attridge, G. Lemuel Hewes, Atlanta, Ga., for General Motors Acceptance Corp.

John Harris Paer, Fred L. Cavalli, Atlanta, Ga., for plaintiff-appellee.

W. Rhett Tanner, Andrew J. Britton, Atlanta, Ga., for National Consumer Finance Assn. and Georgia Consumer Finance Assn., amicus curiae.

W. Stell Huie, Terrence Lee Croft, Lawrence L. Thompson, Atlanta, Ga., for Ga. Bankers' Assn., amicus curiae.

Steven Gottlieb, Atlanta, Ga., for Atlanta Legal Aid Society, Inc., amicus curiae.

Before MOORE, AINSWORTH and RONEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 3, 1974.

AINSWORTH, Circuit Judge:

This case presents a significant question concerning the applicability of disclosure provisions of the Truth in Lending Act to the term of optional credit life insurance sold in connection with a closed-end consumer credit transaction, when the term of the insurance coincides with the term of the credit obligation.

On December 31, 1971, Norlinda D. Philbeck executed a...

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