ROLLINS v. DWYER

No. 80-3875.

666 F.2d 141 (1982)

Nick ROLLINS and Burtreas McGowan Rollins, Plaintiffs-Appellants, v. Ralph D. DWYER, Jr., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 21, 1982.


Attorney(s) appearing for the Case

Matthews & Breeden, Patrick D. Breeden, Donald Juneau, Brian J. Waid, New Orleans, La., for plaintiffs-appellants.

Many, LoCoco & Dwyer, Ralph D. Dwyer, Jr., New Orleans, La., for defendants-appellees.

Before POLITZ and RANDALL, Circuit Judges, and PARKER, District Judge.


JOHN V. PARKER, Chief Judge:

This case has its genesis in a home repair loan contract entered into by plaintiffs and defendant, United Credit Plan of Chalmette, Inc. ("United Credit") on February 20, 1973. The transaction has been rescinded under the provisions of 15 U.S.C. § 1601 et seq., the Truth-in-Lending Act ("TIL"), and the sole issue remaining is whether principles of res judicata preclude an award in favor of plaintiffs for attorney fees. The...

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