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LaPETINA v. METRO FORD TRUCK SALES, INC.

No. 80-2208 Summary Calendar.

648 F.2d 283 (1981)

Robert and Christine LaPETINA, Plaintiffs-Appellants, v. METRO FORD TRUCK SALES, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

June 16, 1981.

Attorney(s) appearing for the Case

Wm. Andress & Associates, P. C., Gordon Bogen, Dallas, Tex., for plaintiffs-appellants.

Ted L. Tittsworth, J. Dan Connelly, Arlington, Tex., for defendant-appellee.

Before GEE, RUBIN and RANDALL, Circuit Judges.

PER CURIAM:

This appeal arises from a judgment in favor of the defendant in an action brought under the Texas Consumer Credit Code (the Code), Tex.Rev.Civ.Stat.Ann. art. 5069 (Vernon 1980 Supp.). Although the defendant does not contest the fact that it contracted for an excessive time-price differential in a motor vehicle retail installment contract, the defendant did successfully maintain in the district court that this excessive

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