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ANDREWS v. SOUTHERN DISCOUNT CO. OF GEORGIA

No. 80-9014 Non-Argument Calendar.

662 F.2d 722 (1981)

Estella H. ANDREWS, Plaintiff-Appellant, v. SOUTHERN DISCOUNT COMPANY OF GEORGIA, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 23, 1981.

Attorney(s) appearing for the Case

Joseph H. King, Jr., Atlanta, Ga., for plaintiff-appellant.

John E. Tomlinson, Atlanta, Ga., for defendant-appellee.

Before RONEY, KRAVITCH and CLARK, Circuit Judges.

PER CURIAM:

Plaintiff filed this Truth-in-Lending (TIL) suit in federal court while an action was pending against her in state court on the underlying debt. Defendant moved to dismiss this suit on the ground the TIL claim must be asserted as a compulsory counterclaim in the state action.

The magistrate's report, adopted by the district court, provided:

Although the defendant alleges dismissal of plaintiff's action is appropriate under res judicata...

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