John W. CHAPMAN and Hattie Chapman, Plaintiffs-Appellants,
v.
AETNA FINANCE COMPANY, Defendant-Appellee.
Timothy BURGESS, Plaintiff-Appellant,
v.
MITCHELL MOTORS, INC. and General Motors Acceptance Corporation, Defendants-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
April 11, 1980.
Rehearing Denied June 16, 1980.
Attorney(s) appearing for the Case
Joseph H. King, Jr., Atlanta, Ga., for plaintiffs-appellants in case no. 78-2131.
Lewis N. Jones, Atlanta, Ga., for defendant-appellee in case no. 78-2131.
Ralph Goldberg, Atlanta, Ga., for plaintiff-appellant in case no. 78-2288.
Schwall & Heuett, Donald J. Goodman, Atlanta, Ga., for Mitchell Motors, Inc.
King & Spaulding, R. Bryon Attridge, Nolan C. Leake, Atlanta, Ga., for GMAC.
Before HILL, GARZA, and THOMAS A. CLARK, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
JAMES C. HILL, Circuit Judge:
The question is whether petitioners' Truth-in-Lending claims1 were properly dismissed on account of their non-assertion as compulsory counterclaims in previous state foreclosure proceedings. The posture of these cases is virtually identical. Petitioners allegedly defaulted on debts owed respondents, and respondents severally commenced foreclosure actions in Georgia state courts. Almost immediately thereafter...
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