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KATZ v. BANK OF CALIFORNIA

No. 78-1727.

640 F.2d 1024 (1981)

Aaron L. KATZ, Plaintiff and Appellant, v. The BANK OF CALIFORNIA, National Trust and Savings Association, Defendant and Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 12, 1981.

Attorney(s) appearing for the Case

Aaron L. Katz, Dawson, Maino, Chapman, Mattern, Bishop, Katz & Kellenberger, Campbell, Cal., for plaintiff and appellant.

Bernard W. Schmidt, San Jose, Cal., for defendant and appellee.

Before HUG and TANG, Circuit Judges, and MURRAY, District Judge.

TANG, Circuit Judge:

The parties here argue whether the one-year period of limitations contained in both the Truth in Lending Act, 15 U.S.C. section 1640(e), and the Real Estate Settlement Procedures Act, 12 U.S.C. section 2614, commences on the date the credit contract is executed, see Wachtel v. West, 476 F.2d 1062 (6th Cir.), cert. denied, 414 U.S. 874, 94 S.Ct. 161, 38 L.Ed.2d 114 (1973), or at the time the plaintiff...

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