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PROVIDENT BANK v. BARNHART

Nos. C-810565 and 810566.

3 Ohio App. 3d 316 (1982)

PROVIDENT BANK, APPELLEE, v. BARNHART, APPELLANT; CHRYSLER CORPORATION, APPELLEE.

Court of Appeals of Ohio, Hamilton County.

Decided August 11, 1982.

Attorney(s) appearing for the Case

Mr. William A. Posey, for appellee Provident Bank.

Mr. Terry Serena, for appellant Barnhart.

Mr. Richard M. Hopple, for appellee Chrysler Corp.

BLACK, J.

The primary issues in this appeal are (1) whether a consumer's defense against a retail seller may be asserted against the financial institution to which the retail installment contract was assigned, under a "Notice of Preservation of Claims and Defenses" inserted in the contract pursuant to a Federal Trade Commission (FTC) regulation; and (2) whether the financial institution's recovery against the consumer must be limited in amount by the doctrine of avoidable...

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