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WALLACE v. BROWNELL PONTIAC-GMC CO., INC.

No. 82-7258 Non-Argument Calendar.

703 F.2d 525 (1983)

Donald G. WALLACE, et al., Plaintiffs-Appellants, v. BROWNELL PONTIAC-GMC COMPANY, INC., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 21, 1983.

Attorney(s) appearing for the Case

Jonathan E. Lyerly, Birmingham, Ala., for plaintiffs-appellants.

John H. Alsbrooks, Jr., Birmingham, Ala., for General Motors Acceptance Corp.

Joseph W. Letzer, Birmingham, Ala., for Brownell Pontiac-GMC Co.

Nolan C. Leake, King & Spalding, Atlanta, Ga., for General Motors Acceptance Corp.-Atlanta Counsel.

James T. Upchurch, III, Montgomery, Ala., for amicus curiae Auto Dealers Assoc., of Alabama.

Before HILL, KRAVITCH and HENDERSON, Circuit Judges.

KRAVITCH, Circuit Judge:

On August 22, 1981, appellants Donald and Faye Wallace executed an "Instalment Sale Contract" with Brownell Pontiac-GMC covering the purchase and financing of an automobile. Among the charges disclosed in the contract was the amount of $37.50, which was denominated as a "clerical fee." The Wallaces subsequently filed this truth-in-lending action, alleging that the "clerical fee" was either a charge incident to the extension of credit that...

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