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IN RE SMITH

No. 82-8753.

737 F.2d 1549 (1984)

In re Patricia G. SMITH, Debtor. Patricia G. SMITH, Plaintiff-Appellant, v. AMERICAN FINANCIAL SYSTEMS, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 6, 1984.

Attorney(s) appearing for the Case

Ralph Goldberg, Atlanta, Ga., for plaintiff-appellant.

W. Rhett Tanner, Atlanta, Ga., for defendant-appellee.

Before TJOFLAT and FAY, Circuit Judges, and WISDOM, Senior Circuit Judge.

WISDOM, Senior Circuit Judge:

This appeal raises two issues under the Truth In Lending Act (TILA). 15 U.S.C. § 1601 (1979). The district court granted summary judgment in favor of the creditor, American Financial Systems, Inc., against the debtor, Patricia Smith, on the grounds that her time-barred cause of action for monetary damages cannot be maintained by way of recoupment and that her request for rescission of the loan transaction under section 1635 fails...

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