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BERGERON v. AVCO FINANCIAL SERVICES OF N.O.

No. CA-2742.

468 So.2d 1250 (1985)

George C. BERGERON and Catherine Bergeron, Individually and on Behalf of All Others Similarly Situated v. AVCO FINANCIAL SERVICES OF N.O. Chef Menteur and/or Avco Financial Services of Louisiana, Inc. and/or Its Parent Now Unknown and Therefore Unnamed.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 29, 1985.

Attorney(s) appearing for the Case

Patrick D. Breeden, New Orleans, for plaintiffs-appellants, George C. Bergeron, et. al.

Herschel C. Adcock, Baton Rouge, for defendant-appellee, Avco Financial Services of New Orleans.

Before BARRY, WARD and BYRNES, JJ.

WARD, Judge.

Mr. and Mrs. George C. Bergeron filed this suit to recover the interest and late charges paid on loans to Avco Financial Services and its affiliates. The Bergeron's loan was secured by a note which capitalized the interest by incorporating it in the face amount of the note. The Bergerons allege they were charged for late payments which made the interest usurious. More importantly, the Bergerons contend they have a right to bring suit as representatives...

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