MURPHY v. EMPIRE OF AMERICA, FSA

No. 194, Docket 84-7454.

746 F.2d 931 (1984)

Daniel R. MURPHY and Susan Murphy, Plaintiffs-Appellants, v. EMPIRE OF AMERICA, FSA, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 12, 1984.


Attorney(s) appearing for the Case

Richard A. Dollinger, Rochester, N.Y. (Kevin S. Cooman, Greisberger, Zicari, McConville, Cooman & Morin, P.C., Rochester, N.Y., of counsel) for plaintiffs-appellants.

Jeremiah J. McCarthy, Buffalo, N.Y. (Moot & Sprague, Buffalo, N.Y., of counsel), for defendant-appellee.

Before LUMBARD, MANSFIELD and KEARSE, Circuit Judges.


MANSFIELD, Circuit Judge:

Daniel R. Murphy and Susan Murphy appeal from an order of the Western District of New York entered by Judge Michael A. Telesca, 583 F.Supp. 1563, granting the motion of defendant Empire of America, FSA ("Empire") for summary judgment dismissing their action under the Truth-In-Lending Act ("TILA"), 15 U.S.C. § 1601, et seq. The Murphys sought enforcement of their purported rescission of their...

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