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JAMES v. HOME CONST. CO. OF MOBILE, INC.

No. 78-3099.

621 F.2d 727 (1980)

Roscoe JAMES, Individually and as Administrator of the Estate of Rebecca G. James and on behalf of all persons similarly situated, Plaintiffs-Appellants, v. HOME CONSTRUCTION COMPANY OF MOBILE, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 15, 1980.

Attorney(s) appearing for the Case

H. Diana Hicks, New Orleans, La., Henry H. Caddell, Legal Services Corp. of Alabama, Montgomery, Ala., Richard J. Ebbinghouse, Legal Services Corp., Selma, Ala., Arthur J. Madden, III, Mobile, Ala., for plaintiffs-appellants.

Richard L. Thiry, Mobile, Ala., for defendants-appellees.

Before TUTTLE, RANDALL and TATE, Circuit Judges.

TUTTLE, Circuit Judge:

This is an appeal from a granting of the defendant's motion to dismiss in a Truth-in-Lending Act class action. The district court based its dismissal on two grounds — that a class action was inappropriate for 15 U.S.C. § 1635 actions and that a successor obligor could not bring a Truth-in-Lending action. We reverse the judgment of the trial court as to the successorship theory but hold that the plaintiff cannot bring this action...

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