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JEFFERSON v. MITCHELL SELECT FURNITURE CO., INC.

Civ. 589, Civ. 534.

321 So.2d 216 (1975)

Cassie JEFFERSON v. MITCHELL SELECT FURNITURE CO., INC. Bertha TIBBS v. MITCHELL SELECT FURNITURE CO., INC.

Court of Civil Appeals of Alabama.

Rehearings Denied October 22, 1975.

Attorney(s) appearing for the Case

Charles G. Spradling, Jr., and William P. Burgess, Jr., Huntsville, Legal Aid Society of Madison County, for appellants.

Joseph T. Conwell, Huntsville, for appellee.

Legal Aid Society of Birmingham, Inc. by Marvin H. Campbell, Director, Birmingham, William J. Baxley, Atty. Gen., Julian L. McPhillips, Jr., Asst. Atty. Gen., Lehman J. Lewis and Julian L. McPhillips, Jr., Montgomery, for Bureau of Loans, State Banking Dept., all in support of appellants.

Truman M. Hobbs and Howard C. Oliver, Montgomery, for Alabama Consumer Finance Assn., in support of appellee.

William B. Hairston, Jr., Birmingham, in support of appellee.

WRIGHT, Presiding Judge.

These are two cases consolidated on appeal. The plaintiff below was the same in each case. The pleadings and issues at trial and on appeal are the same. The case specifically written to is that last appealed and orally argued by parties and amicus curiae. The decision following equally applies to each case.

Plaintiff filed suit for the unpaid balance owing after default by defendant on an instrument titled a Retail Installment Contract...

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