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WENNING v. JIM WALTER HOMES, INC.

No. 79-1074.

606 F.2d 784 (1979)

John P. WENNING, etc., Plaintiff-Appellant, v. JIM WALTER HOMES, INC., a corporation, Mid-State Homes, Inc., a corporation, and Jim Walter Corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 4, 1979.

Rehearing and Rehearing Denied November 20, 1979.

Attorney(s) appearing for the Case

James M. Little, Oklahoma City, Okl., for plaintiff-appellant.

Jerry P. Belknap, Indianapolis, Ind., for defendants-appellees.

Before SWYGERT, TONE and WOOD, Circuit Judges.

Rehearing and Rehearing In Banc Denied November 20, 1979.

TONE, Circuit Judge.

The issue in this diversity case is whether, when a negotiable promissory note is paid before maturity pursuant to the prepayment provisions of the Credit Sales Chapter of the Uniform Consumer Credit Code, adopted in Indiana as Ind.Code §§ 24-4.5-2-101 through 24-4.5-2-605, the statute of limitations runs from the date of prepayment or from the last payment date scheduled...

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