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MOORE v. COMFED SAV. BANK

No. 89-8414.

908 F.2d 834 (1990)

Mary M. MOORE, Arthur Moore, James Bailey, Robin A. Bailey, Eddie Howard, on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellees, v. COMFED SAVINGS BANK, Federal National Mortgage Association, First Federal of Seminole County, First Federal of Walterboro, Government Employees Corporation, Great Life Savings Association, Horizon Financial, F.A., Mid America Federal S & L Association, Permanent Savings Bank Republic Savings & Loan Association, Southeast Mortgage Corporation, FDIC as Receiver for Yankee Bank for Finance & Savings, FSB, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied October 4, 1990.

Attorney(s) appearing for the Case

Douglas N. Campbell and Laura E. Stevenson, Booth, Wade & Campbell, Atlanta, Ga., for defendants-appellants.

Thomas S. Richey and G. Patrick Watson, Powell, Goldstein, Frazer and Murphy, Atlanta, Ga., for F.D.I.C., as receiver for Yankee Bank for Finance & Sav., FSB.

William A. Trotter, III, Augusta, Ga., for Comfed Sav. Bank, Permanent Sav. Bank Republic S & L, Mid Am. Federal S & L Ass'n & SE Mtg. Corp.

David E. Hudson, Hull, Towill, Norman & Barrett, Augusta, Ga., for plaintiffs-appellees.

Before FAY and COX, Circuit Judges, and TUTTLE, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied October 4, 1990.

TUTTLE, Senior Circuit Judge:

This is an appeal from a denial by the trial court of appellants' motion for summary judgment and their motion to vacate joinder of them as parties defendant.

I. STATEMENT OF THE CASE

On April 21, 1986, Davis Hogan filed a three count complaint in federal district court. Count I was an individual claim of Davis Hogan under the Truth in Lending Act (TILA...

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