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JAMES v. PINNIX

No. 73-1866.

495 F.2d 206 (1974)

Jessie JAMES, suing in his own behalf and on behalf of all others similarly situated, Plaintiff-Appellee, v. James PINNIX, d/b/a Pinnix Used Cars, individually and as representative of all others similarly situated, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 10, 1974.

Attorney(s) appearing for the Case

Richard B. Wilson, Jr., Charles R. Gear, Francis S. Bowling, Jack S. Parker, Sp. Asst. Atty. Gen., Jackson, Miss., for defendant-appellant.

John L. Maxey, II, Barry H. Powell, John L. Walker, Jr., Community Legal Services, Jackson, Miss., for plaintiff-appellee.

Before BROWN, Chief Judge and GODBOLD and CLARK, Circuit Judges.

GODBOLD, Circuit Judge:

Jessie James, the appellee, bought a used Ford sedan from the appellant, James Pinnix, for $495. He paid $200 down1 and signed a contract in which he agreed to pay off the balance at $15 per week. The contract provided that upon default by appellee the appellant could take possession of the car and sell it with or without notice. Appellee eventually stopped making payments...

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