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PEARSON v. COLONIAL FINANCIAL SERVICE, INC.

Civ. A. No. 80-117-N.

526 F.Supp. 470 (1981)

Joann PEARSON and William A. Gunter, IV, as Administrator ad litem of the Estate of Jacob James, Plaintiffs, v. COLONIAL FINANCIAL SERVICE, INC., an Alabama corporation; Federal Building Service, Inc., an Alabama corporation; Thomas R. Duncan; E. C. Stephens; Willie Frank Porter; and Georgia Porter, Defendants.

United States District Court, M. D. Alabama, N. D.

October 21, 1981.

Attorney(s) appearing for the Case

Legal Services Corp. of Ala., David S. Yen and Thomas M. DeRose, Montgomery, Ala., for plaintiff Pearson.

William A. Gunter, IV, Montgomery, Ala., pro se.

Sirote, Permutt, Friend, Friedman, Held & Apolinsky, James A. Harris, Jr., Birmingham, Ala., and Azar, Campbell & Azar, Edward J. Azar, Montgomery, Ala., for defendant Colonial Financial Service, Inc.

Turner, Wilson & Christian, Terry P. Wilson, Montgomery, Ala., for defendants Duncan and Federal Building Service, Inc.

George W. Thomas, Montgomery, Ala., for defendants Porter.

MEMORANDUM OPINION

HOBBS, District Judge.

In this Truth-in-Lending Act case the Court is confronted with an unusual fact situation which compounds the perplexing problems normally associated with such cases. It is an understatement to suggest that this particular fact situation was never anticipated by Congress when it drafted the Truth-in-Lending Act. Nevertheless, the Court must divine Congressional intent for the case at hand. The Court has jurisdiction...

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