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SHANNON v. CARTER

579 P.2d 1288 (1978)

282 Or. 449

Kathleen SHANNON, Respondent, v. Wes CARTER, Administrator of the District Court of Multnomah County, Defendant, and Associates Financial Services Co., Western, Appellant.

Supreme Court of Oregon, In Banc.

Decided June 6, 1978.

Attorney(s) appearing for the Case

Floyd Hinton, of Deich, Deich & Hinton, Portland, argued the cause and filed the brief for appellant.

Nancy M. Helget, Portland, argued the cause for respondent. With her on the briefs was R.M. Atkinson, Portland.

James C. Waggoner, of Martin, Bischoff, Templeton & Biggs, Portland, and Matthew W. Chapman, of Davies, Biggs, Strayer, Stoel & Boley, Portland, filed a brief amici curiae.

Before DENECKE, C.J., HOLMAN, TONGUE, BRYSON, LENT and LINDE, JJ., and GILLETTE, J. Pro Tem.

Argued and Submitted November 4, 1977, at Eugene.

DENECKE, Chief Justice.

The sole issue is whether the defense of recoupment, based upon a violation of the Truth in Lending Act (TILA), is barred because of the statute of limitations in the TILA.

The defendant Associates Financial Services brought an action in district court in February 1976 to recover $355, the balance owing by plaintiff, Kathleen Shannon...

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