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SOUIFE v. FIRST NAT. BANK OF COMMERCE

No. 78-2562.

628 F.2d 480 (1980)

Glenn A. SOUIFE, Plaintiff-Appellant, v. FIRST NATIONAL BANK OF COMMERCE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 22, 1980.

Attorney(s) appearing for the Case

Jefferson, Bryan & Gray, Trevor G. Bryan, New Orleans, La., for plaintiff-appellant.

David S. Willenzik, New Orleans, La., for defendant-appellee.

Drew V. Tidwell, V.P., The Consumer Bankers Assn., Washington, D.C., for The Consumer Bankers Assn. and the Louisiana Bankers Assn. amicus curiae.

Before THORNBERRY, ANDERSON and THOMAS A. CLARK, Circuit Judges.

THORNBERRY, Circuit Judge:

In this appeal from summary judgment for the appellee in a suit brought under the Truth-In-Lending Act, 15 U.S.C. § 1639(a) (1976), we must consider three issues. First, does the appellee's right to insurance proceeds and returned premiums with regard to credit life and property insurance on the collateral constitute a "security interest" which must be disclosed on the disclosure statement pursuant to section 1639(a) and Regulation...

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