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LUCZAK v. GENERAL MOTORS ACCEPTANCE CORP.

Civ-80-151.

494 F.Supp. 210 (1980)

Edward J. LUCZAK, Plaintiff, v. GENERAL MOTORS ACCEPTANCE CORPORATION and Moore Buick, a New York Corporation, Defendants.

United States District Court, W. D. New York.

July 17, 1980.

Attorney(s) appearing for the Case

Orleans Legal Aid Bureau, Inc., Genesee Branch (Raymond Rodriguez, Albion, N. Y., of counsel), for plaintiff.

Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, N. Y. (Paul K. Stecker, Buffalo, N. Y., of counsel), for defendant General Motors Acceptance Corporation.

Cox, Barrell, Walsh, Roberts & Grace, Buffalo, N. Y. (Gerald Grace, Jr., Buffalo, N. Y., of counsel), for defendant Moore Buick.

CURTIN, Chief Judge.

This case concerns the validity of a General Motors Acceptance Corporation ["GMAC"] car loan agreement. It is in federal court because plaintiff claims the GMAC standardized contract form violates the federal Truth In Lending Act [hereinafter "TILA"], 15 U.S.C. § 1638. Although this is not a class action, the case is significant because the penalties under the New York Motor Vehicle Installment Sales Act, for willfully violating the TILA...

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