BARBER v. KIMBRELL'S, INC.

No. C-C-74-95.

424 F.Supp. 42 (1976)

Polly Ann BARBER, on behalf of herself and all other persons similarly situated, Plaintiff, v. KIMBRELL'S, INC., and Furniture Distributors, Inc., Defendants.

United States District Court, W. D. North Carolina, Charlotte Division.

November 29, 1976.


Attorney(s) appearing for the Case

Donald S. Gillespie, Jr., Legal Aid Society of Mecklenburg County, and G. Miller Jordan, Charlotte, N. C., for plaintiff.

Fenton T. Erwin, Jr., Lindsey, Schrimsher, Erwin, Bernhardt & Hewitt, Charlotte, N. C., for defendants.


MEMORANDUM OF DECISION AND JUDGMENT

McMILLAN, District Judge.

PRELIMINARY STATEMENT

Polly Ann Barber filed this action on May 3, 1974, seeking civil penalties under the Consumer Credit Protection Act ("Truth-in-Lending Act"), 15 U.S.C. § 1601, et seq. On June 11, 1975, a class was certified under Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure, consisting of the plaintiff and persons who, between July 16, 1973, and...

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