1. Home
  2. Browse Decisions
  3. F.2d
  4. 970 F.2d
  5. 970 F.2d 45 (1992)
 

McCARTNEY v. FIRST CITY BANK

No. 91-1949.

970 F.2d 45 (1992)

D. Lanty McCARTNEY, III, Plaintiff-Appellant, v. FIRST CITY BANK, Collecting Bank, National Association (a bank in liquidation) and First City Asset Servicing Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 28, 1992.

Attorney(s) appearing for the Case

D. Lanty McCartney, III, Dallas, Tex., for plaintiff-appellant.

J. Michael Weston, Alexander & Weston, Dallas, Tex., for defendants-appellees.

Before JOLLY and DUHÉ, Circuit Judges, and PARKER, District Judge.

DUHÉ, Circuit Judge:

This case requires us to decide whether the validity of the underlying debt bars an action under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692o, and more specifically whether the Plaintiff alleged sufficient facts in his complaint to prevail under the Act. We also must decide whether the Plaintiff can withstand a motion to dismiss his claim for damages under 42 U.S.C. § 1983 and for a declaratory judgment...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases