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HAYNES v. BANK OF WEDOWEE

No. 79-2801.

634 F.2d 266 (1981)

Lois J. HAYNES, for herself and all others similarly situated, Plaintiffs-Appellants, v. BANK OF WEDOWEE, a State Bank, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit, Unit B.

Rehearing Denied February 25, 1981.

Attorney(s) appearing for the Case

Edward Still, Birmingham, Ala., for plaintiffs-appellants.

Lewis H. Hamner, Jr., Roanoke, Ala., for defendant-appellee.

Before GODBOLD, TJOFLAT and VANCE, Circuit Judges.

GODBOLD, Circuit Judge:

The issue before us concerns whether the Equal Credit Opportunity Act, 15 U.S.C. § 1691 et seq (1976) (ECOA), allows a lending institution to consider the bankruptcy of a debtor's spouse when determining whether to declare a debtor in default on a loan. We hold that the Bank of Wedowee, appellee, legitimately considered the bankruptcy of appellant's husband when it declared her in default and, in satisfaction of her debt, applied a portion...

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