LITTLEFIELD v. WALT FLANAGAN AND COMPANY

No. 73-1661.

498 F.2d 1133 (1974)

Joe Albert LITTLEFIELD, also known as Joe A. Littlefield, and Bernadine M. Littlefield, Plaintiffs-Appellants, v. WALT FLANAGAN AND COMPANY, a/k/a Walt Flanagan & Co., Inc., et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided June 18, 1974.


Attorney(s) appearing for the Case

Wm. H. Hazlitt, Denver, Colo. (Weller, Friedrich, Hickisch & Hazlitt, Denver, Colo., on the brief), for plaintiffs-appellants.

Edward B. Towey, Denver, Colo., entered an appearance for the defendants-appellees but filed no brief and made no argument.

Before BREITENSTEIN, SETH and DOYLE, Circuit Judges.


BREITENSTEIN, Circuit Judge.

The issue is whether an action for rescission under the Truth in Lending Act, 15 U.S.C. § 1635, is barred by the one-year period of limitations contained in § 1640(e). The district court held that the action was barred. We reverse.

On November 25, 1970, plaintiffs-appellants contracted with defendant-appellee Perlmutter Associates, Inc., for the purchase of real property to be used by them as a residence. As part of the...

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