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GERASTA v. HIBERNIA NAT. BANK

No. 76-1650.

575 F.2d 580 (1978)

Joseph E. GERASTA, Josefina E. Gerasta, wife of Joseph E. Gerasta, Plaintiffs-Appellees, v. HIBERNIA NATIONAL BANK, Defendant-Appellant, v. U. S. BUILDING MATERIALS CO., INC., Defendant.

United States Court of Appeals, Fifth Circuit.

June 23, 1978.

Attorney(s) appearing for the Case

Harry T. Howard, III, New Orleans, La., for defendant-appellant.

R. Collins Vallee, New Orleans, La., for plaintiffs-appellees.

Before COLEMAN, HILL and RUBIN, Circuit Judges.

JAMES C. HILL, Circuit Judge:

The case on appeal raises the question of the appropriate remedy for a creditor's failure to comply with 15 U.S.C. § 1635,1 the rescission provision of the Truth in Lending Act. The district court held that the defendant-creditor in the case on appeal forfeited its right to recover the property it had delivered to the obligor because the creditor did not perform those duties prescribed in § 1635...

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