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McDANIEL v. FULTON NAT. BANK OF ATLANTA

Nos. 75-2410, 75-2514 and 75-2515.

578 F.2d 1185 (1978)

Robert P. McDANIEL, Plaintiff-Appellee-Cross Appellant, v. The FULTON NATIONAL BANK OF ATLANTA, Defendant-Appellant-Cross Appellee. Jan T. BARKSDALE, Plaintiff-Appellee, v. PEOPLES FINANCIAL CORP. OF ALPHARETTA, Defendant-Appellant. James R. BARRETT et al., Plaintiffs-Appellees, v. VERNIE JONES FORD, INC., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 23, 1978.

Attorney(s) appearing for the Case

Marion H. Allen, III, Richard R. Cheatham, Atlanta, Ga., for Fulton Nat. Bank of Atlanta.

E. Lundy Baety, Atlanta, Ga., for Robert P. McDaniel.

Albert C. Ruehmann, III, Richard R. Cheatham, Atlanta, Ga., for Peoples Financial Corp. of Alpharetta and Vernie Jones Ford, Inc.

Graydon W. Florence, Jr., Atlanta, Ga., for Jan T. Barksdale.

Mary Joyce Johnson, N. David Buffington, Atlanta, Ga., for James R. Barrett.

Sewell K. Loggins, Douglas N. Campbell, Atlanta, Ga., for amicus curiae Beneficial Finance Co.

Ernest L. Sarason, Jr., Willard Ogburn, Boston, Mass., for amicus curiae Nat. Consumer Law Center, Inc.

Before TUTTLE, GOLDBERG and RONEY, Circuit Judges.

TUTTLE, Circuit Judge.

These three truth-in-lending cases commenced in three suits filed in the Northern District of Georgia, which having been considered by magistrates were then decided by three different district judges. In all cases, judgment was had in favor of the plaintiffs and against the respective defendants. The sole question in issue was whether the Act, 15 U.S.C. § 1638(a)(9) and Regulation Z, § 226.8(b)(4) required a creditor to disclose as...

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