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HOLMES v. RUSHVILLE PRODUCTION CREDIT ASSOCIATION

No. 1-376A31.

355 N.E.2d 417 (1976)

Hazel G. HOLMES, Defendant-Appellant, v. RUSHVILLE PRODUCTION CREDIT ASSOCIATION, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

October 12, 1976.

Attorney(s) appearing for the Case

Robert Adams, Adams & Cramer, Shelbyville, William H. Wolf, Wolf & Robak, Greenfield, for appellant.

George J. Lewis, Ronald R. Pritzke, Lineback & Lewis, Greenfield, for appellee.

ON PETITION FOR REHEARING

LOWDERMILK, Judge.

In her petition for rehearing, the defendant-appellant Hazel G. Holmes reveals that we erred in our holding on Issue Five of our opinion. IC 1971, 24-4.5-5-205 (Burns Code Ed.) allows a borrower to at any time raise the civil liability of the lender for violations of disclosure requirements as a defense to an action on the borrower's obligation.

Inasmuch as the trial court's findings of fact did not touch...

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