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PRESTON v. FIRST BANK OF MARIETTA

Nos. 82 × 8 and 82 × 9.

16 Ohio App. 3d 4 (1983)

PRESTON ET AL., APPELLEES, v. FIRST BANK OF MARIETTA, APPELLANT. SMITH ET AL., APPELLEES, v. FIRST BANK OF MARIETTA, APPELLANT.

Court of Appeals of Ohio, Washington County.

Decided October 25, 1983.

Attorney(s) appearing for the Case

Mr. James H. McCauley, for appellant.

Mr. Randall Metcalf, for appellees.

Mr. David C. Morrison, urging reversal for amicus curiae, Community Bankers Association of Ohio.

Mr. Keith McNamara and Mr. Jeffrey D. Quayle, urging reversal for amicus curiae, Ohio Bankers Association.

GREY, J.

This is an appeal from the Washington County Court of Common Pleas. Plaintiffs-appellees, Gary D. Preston and Robert D. Smith, filed suit against defendant-appellant, First Bank of Marietta, challenging the bank's ability to escalate the interest rate of their home mortgages. Plaintiffs claimed the bank did not make a sufficient disclosure of the variable interest rate in its mortgages to comply with Regulation Z of the Truth-In-Lending-Act, Section 1601...

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