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VARNER v. CENTURY FINANCE CO., INC.

Nos. 82-8277, 82-8393 and 82-8425.

720 F.2d 1228 (1983)

Garrett VARNER, Plaintiff-Appellee, Cross-Appellant, v. CENTURY FINANCE COMPANY, INC., Defendant-Appellant, Cross-Appellee. Pearl M. BRADLEY, Plaintiff-Appellant, v. TERMPLAN, INC., Defendant-Appellee. Josephine SIMPSON, Plaintiff-Appellee, Cross-Appellant, v. TERMPLAN, INC. OF GEORGIA, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 2, 1983.

Attorney(s) appearing for the Case

Lewis N. Jones, Atlanta, Ga., for Century Finance Co., Inc.

W. Rhett Tanner, Donald Loft, Atlanta, Ga., for amicus curiae Georgia Consumer Finance Co.

Charles M. Baird, Atlanta, Ga., for amicus curiae Georgia Legal Services.

Ralph Goldberg, Atlanta, Ga., for Varner and Simpson.

Joseph H. King, Jr., Atlanta, Ga., for Bradley.

Richard V. Karlberg, Jr., Atlanta, Ga., for Termplan, Inc.

Before TJOFLAT and VANCE, Circuit Judges, and TUTTLE, Senior Circuit Judge.

VANCE, Circuit Judge:

In this appeal, we are asked to review three counterclaims which are controlled by a common question involving interpretation of the Georgia Industrial Loan Act, Ga.Code Ann. §§ 7-3-1 et seq. (1983) (the Act). The lenders, who have counterclaimed to collect household loans in default, argue that the Act permits rebates of prepaid interest according to the Rule of 78s upon refinancing. The consumers would require a pro rata method...

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