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WHIGHAM v. BENEFICIAL FINANCE CO. OF FAYETTEVILLE

Nos. 78-1433, 78-1434.

599 F.2d 1322 (1979)

Charles L. WHIGHAM and Louise Whigham, Appellants, v. BENEFICIAL FINANCE CO. OF FAYETTEVILLE, INC., Appellee. Charles L. WHIGHAM and Louise Whigham, Appellees, v. BENEFICIAL FINANCE COMPANY OF FAYETTEVILLE, INC., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 20, 1979.

Attorney(s) appearing for the Case

Robin E. Hudson, Raleigh, N. C. (Charles R. Hassell, Jr., Davis, Hassell, Hudson & Broadwell, Raleigh, N. C., on brief), for Charles L. Whigham and Louise Whigham.

David A. Harlow, Fayetteville, N. C. (Nance, Collier, Singleton, Kirkman & Herndon, Fayetteville, N. C., on brief), for Beneficial Finance Co. of Fayetteville, Inc.

Before BUTZNER and RUSSELL, Circuit Judges, and ROBERT R. MERHIGE, Jr., United States District Judge for the Eastern District of Virginia, sitting by designation.

BUTZNER, Circuit Judge:

Charles and Louise Whigham appeal a summary judgment against their claim that the disclosures made to them when they secured consumer credit from Beneficial Finance Co. did not comply with the Truth-in-Lending Act, 15 U.S.C. § 1601 et seq., and Federal Reserve Regulation Z, 12 C.F.R. § 226.1 et seq. Beneficial Finance appeals the dismissal of its counterclaim against the Whighams for the amount currently due on the loan. We...

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