HAGLER v. FORD MOTOR CREDIT CO.

Civ. 1426.

367 So.2d 468 (1978)

Carolyn J. HAGLER v. FORD MOTOR CREDIT COMPANY.

Court of Civil Appeals of Alabama.

Rehearing Denied December 13, 1978.


Attorney(s) appearing for the Case

Edward Still, Birmingham, for appellant.

Charles Cleveland, Birmingham, for appellee.

Charles G. Spradling, Jr., Legal Services of North-Central Ala., Inc., Huntsville, for amicus curiae Robert P. Darrow.


HOLMES, Judge.

The plaintiff sued the defendant in detinue. The defendant counterclaimed on the basis that plaintiff had committed certain violations of the Federal Truth in Lending Act.

The learned trial judge found the defendant's counterclaim to be barred by the statute of limitations. 15 U.S.C. § 1640(e). The dispositive issue on this appeal is whether the trial judge was correct in the above determination. We find that he was not and reverse and...

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