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RACHBACH v. COGSWELL

Nos. 75-1930, 75-1876.

547 F.2d 502 (1976)

Sharon RACHBACH, Plaintiff-Appellee and Cross-Appellant, v. John M. COGSWELL and Saul N. Davidson, Defendants-Appellants and The Public Trustee of the County of Arapahoe, State of Colorado, Defendant.

United States Court of Appeals, Tenth Circuit.

Decided November 18, 1976.

Rehearing Denied January 7, 1977.

Attorney(s) appearing for the Case

Richard H. Right, Denver, Colo. (Howard J. Glicksman, Right, Linn & Glicksman, P. C., Denver, Colo., on the brief), for plaintiff-appellee and cross-appellant.

Phillip C. Gans, Denver, Colo. (Sandra J. Anderson, Denver, Colo., was with him on the brief), for defendants-appellants.

Before HOLLOWAY and BREITENSTEIN, Circuit Judges and CHRISTENSEN, District Judge.

Rehearing Denied in No. 75-1876 January 7, 1977.

BREITENSTEIN, Circuit Judge.

This case arises under the Truth in Lending Act, Title I of the Consumer Credit Protection Act, 15 U.S.C. § 1601 et seq. The trial court sustained the right of a mortgagor to rescind but gave judgment to an assignee of the mortgagee on a counterclaim. Both parties have appealed. We affirm.

Sharon Rachbach and her husband Peter gave a second trust deed on their home in...

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