BONCYK v. CAVANAUGH MOTORS

Nos. 77-2965, 77-2866 and 77-3075.

673 F.2d 256 (1981)

John BONCYK, Plaintiff-Appellee, v. CAVANAUGH MOTORS, a partnership, and Bank of America, a corporation, Defendants, Cavanaugh Motors, Defendant-Appellant. Sherry HUGHES, Plaintiff-Appellee, v. WALT MARTIN MOTORS, INC., and Bank of America, a corporation, Defendants, Walt Martin Motors, Inc., Defendant-Appellant. John BONCYK, Plaintiff-Appellee, v. CAVANAUGH MOTORS, a partnership, and Bank of America, a corporation, Defendants, Bank of America, a corporation, Defendant-Appellant. Sherry HUGHES, Plaintiff-Appellee, v. WALT MARTIN MOTORS, INC., and Bank of America, a corporation, Defendants, Bank of America, a corporation, Defendant-Appellant. John BONCYK, Plaintiff-Appellant, v. CAVANAUGH MOTORS, a partnership, and Bank of America, a corporation, Defendants-Appellees. Sherry HUGHES, Plaintiff-Appellant, v. WALT MARTIN MOTORS, INC., and Bank of America, a corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 28, 1981.

Rehearing and Rehearing Denied March 22, 1982.


Attorney(s) appearing for the Case

Robert A. Goldstein, Oakland, Cal., for Boncyk.

Ernest S. Pierucci, San Mateo, Cal., argued, for Cavanaugh Motors; Harold C. Wright, San Mateo, Cal., on brief.

Joseph S. King, San Francisco, Cal., argued, for Bank of America; Joseph Thornhill, San Francisco, Cal., on brief.

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


Rehearing and Rehearing En Banc Denied March 22, 1982.

HUG, Circuit Judge:

This appeal involves two consolidated cases in which purchasers of used cars brought actions against the car dealers and the financing bank as creditors for violations of the Truth in Lending Act ("TILA"), 15 U.S.C. § 1601-1693. Plaintiff Sherry Hughes agreed on June 19, 1974, to purchase a used car from defendant Walt Martin Motors ("Martin"). Plaintiff John Boncyk agreed on July...

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