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MARKHAM v. COLONIAL MORTG. SERV. CO., ASSOCIATES

No. 78-1616.

605 F.2d 566 (1979)

Jerry W. MARKHAM and Marcia J. Harris, a/k/a Marcia Markham, Appellants, v. COLONIAL MORTGAGE SERVICE CO., ASSOCIATES, INC., et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 2, 1979.

Attorney(s) appearing for the Case

Jerry W. Markham, pro se.

Irving Kator, Washington, D. C., for appellee, Illinois Federal Service Savings and Loan Ass'n.

Matthew A. Kane, Washington, D. C., was on brief, for appellee, B. W. Real Estate, Inc.

Douglas L. Parker, Washington, D. C., was on brief, for amicus curiae, Consumer Federation of America urging reversal.

Drew S. Days III, Asst. Atty. Gen., Dept. of Justice, Earl J. Silbert, U. S. Atty., Walter W. Barnett and Cynthia L. Attwood, Attys., Dept. of Justice, Washington, D. C., were on brief, for amicus curiae, United States urging a remand.

Before WRIGHT, Chief Judge, SWYGERT, Circuit Judge, and ROBB, Circuit Judge.

Opinion for the court filed by SWYGERT, Circuit Judge.

SWYGERT, Circuit Judge.

The Equal Credit Opportunity Act, 15 U.S.C. §§ 1691, et seq., prohibits creditors from discriminating against applicants on the basis of sex or marital status. We are asked to decide whether this prohibition prevents creditors from refusing to aggregate the incomes of two unmarried joint mortgage applicants when determining their creditworthiness in a situation...

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