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RUDISELL v. FIFTH THIRD BANK

No. 77-3206.

622 F.2d 243 (1980)

James A. RUDISELL et al., Plaintiffs-Appellants, v. The FIFTH THIRD BANK, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 20, 1980.

Attorney(s) appearing for the Case

Thomas F. Phalen, Gary M. Eby, Cincinnati, Ohio, for plaintiffs-appellants.

William R. Hardy, Stephen L. Black, Cincinnati, Ohio, for defendant-appellee.

Before CELEBREZZE, MERRITT and KENNEDY, Circuit Judges.

CORNELIA G. KENNEDY, Circuit Judge.

Appellants, James and Jeanette Rudisell, sued appellee, Fifth Third Bank, for rescission of a home improvement contract for aluminum siding and accompanying promissory note and for statutory damages for violations of the Truth in Lending Act, 15 U.S.C. § 1601, et seq. (hereinafter, TILA). Appellee counterclaimed for judgment on the note. On cross-motions for summary judgment, the Magistrate made recommendations largely...

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