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SMITH v. FIDELITY CONSUMER DISCOUNT CO.

No. 88-1444.

898 F.2d 907 (1990)

SMITH, Annabelle and Coplin, Charles, Coplin, Margaret, Appellants, v. FIDELITY CONSUMER DISCOUNT CO. and Silver, Jerry and Gorson, Marshall and Kutner Buick, Inc. and Samson Motors, Inc.

United States Court of Appeals, Third Circuit.

Opinion filed on June 27, 1989.

Opinion Withdrawn as to and As Modified, filed on March 15, 1990.

Attorney(s) appearing for the Case

Jeffrey S. Saltz (argued), Alan S. Kaplinsky, Wolf, Block, Schorr and Solis-Cohen, Philadelphia, Pa., for appellees.

Eric L. Frank (argued), David A. Searles, Community Legal Services, Inc., Law Center Northeast, Philadelphia, Pa., for appellants.

Alan C. Gershenson, Dennis H. Replansky, Leonard A. Bernstein, Blank, Rome, Comisky & McCauley, Philadelphia, Pa., for amicus curiae Pennsylvania Financial Services Ass'n.

Jordan Luke, Gen. Counsel, Dorothy Nichols, Sr. Associate Gen. Counsel, Thomas T. Segal, Associate Gen. Counsel, Charlotte Kaplow, Asst. Gen. Counsel, Thomas L. Holzman, Sr. Trial Atty., Office of Thrift Supervision Dept. of the Treasury, Washington, D.C., for amicus curiae Office of Thrift Supervision.

Frank M. Salinger, Robert E. McKew, American Financial Services Ass'n., Washington, D.C., Craig Ulrich, Consumer Bankers Ass'n., Arlington, Va., Thomas A. Pfeiler, U.S. League of Sav. Institutions, Chicago, Ill., for amicus curiae American Financial Services Ass'n, Consumer Bankers Ass'n and United States League of Sav. Institutions.

Before SEITZ, STAPLETON and COWEN, Circuit Judges.

Opinion filed on June 27, 1989 in Nos. 88-1406 and 88-1444.

Opinion Withdrawn as to Nos. 88-1406 and 88-1444 and, As Modified, filed on March 15, 1990.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

This appeal requires us to answer a discrete, but important, legal question: Does § 501(a) of the Depository Institutions Deregulation and Monetary Control Act of 1980 ("DIDMCA"), 94 Stat. 165, codified as amended, 12 U.S.C. §...

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