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RODRIGUEZ v. COUNTY LUMBER AND SUPPLY CO.

No. 77 C 3997.

460 F.Supp. 810 (1978)

Pablo and Virginia RODRIGUEZ, Plaintiffs, v. COUNTY LUMBER AND SUPPLY CO., INC. and Madison Bank & Trust Co., Defendants.

United States District Court, N. D. Illinois, E. D.

June 15, 1978.

Attorney(s) appearing for the Case

Alan Barak, Fred L. Lieb and Roberta Strickler, Legal Assistance Foundation, Chicago, Ill., for plaintiffs.

Zachary Saletan, Chicago, Ill., for County Lumber and Supply Co.

J. Hartigan, John M. Hillery, C. R. Farmer and John S. Carroll, Chicago, Ill., for Madison Bank & Trust Co.

DECISION

McMILLEN, District Judge.

Defendants have filed a motion to dismiss the complaint on the ground that plaintiffs' attempt to rescind their contract was not made within the three year period required by 15 U.S.C. § 1635(f). The motion raises a second defense, failure of plaintiffs to allow defendants ten days to respond to plaintiffs' notice of rescission pursuant to 12 C.F.R. § 226.9(a), and defendants have also filed a motion for summary...

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