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FRANKLIN v. FIRST MONEY, INC.

No. 77-1744.

599 F.2d 615 (1979)

Eugene FRANKLIN, Plaintiff-Appellee, v. FIRST MONEY, INC., d/b/a E-Z Finance Plan, Defendant-Appellant, United States of America, Plaintiff Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

June 21, 1979.

Attorney(s) appearing for the Case

David S. Willenzik, New Orleans, La., for First Money, Inc.

Mark Murov, New Orleans, La., for plaintiff-appellee.

Ford J. Dieth, Asst. U. S. Atty., New Orleans, La., John H. Shenefield, Asst. Atty. Gen., Charles R. McConachie, Chief, Antitrust Div., Dept. of Justice, Washington, D. C., for plaintiff intervenor-appellee.

Before THORNBERRY, CLARK and RONEY, Circuit Judges.

RONEY, Circuit Judge:

Plaintiff brought this truth-in-lending action against defendant alleging failure to make required disclosures of the amount or method of computing the amount of a default charge payable in the event of late payment. 12 C.F.R. § 226.8(b)(4); 15 U.S.C.A. § 1640(a). Defendant contends (1) the charge was not a default charge within the meaning of the federal regulations, (2) the district court erred in failing to recognize defendant's...

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