HERNDON v. ITT CONSUMER FINANCIAL CORP.

No. C-C-90-314-P.

789 F.Supp. 720 (1992)

Roger HERNDON, Terri Whitehurst, f/k/a Terrie W. Bennett, Johnny James Jackson, Jr., Yvette McRae Outing, and Donnie Hall, Plaintiffs, v. ITT CONSUMER FINANCIAL CORPORATION, a Delaware Corporation, d/b/a ITT Financial Services, d/b/a Aetna Finance Company, a Delaware Corporation; ITT Corporation, f/k/a International Telephone and Telegraph Corporation, a Delaware Corporation; ITT Consumer Services Corporation, a Delaware Corporation; ITT Financial Corporation, a Delaware Corporation; Lyndon Insurance Company, a Wisconsin Corporation; ITT Lyndon Life Insurance Company, a Missouri Corporation; American Bankers Life Assurance Company of Florida, a Florida Corporation; and John Doe I-VIII, Defendants.

United States District Court, W.D. North Carolina, Charlotte Division.

April 13, 1992.


Attorney(s) appearing for the Case

James L. Blane, Sanders Millette & Blane, Charlotte, N.C., Mark Reinhardt, William H. Crowder, Reinhardt and Anderson, St. Paul, Minn., for plaintiffs.

Peter J. Covington, Smith Helms Mulliss & Moore, George C. Covington, Kennedy Covington Lobdell, & Hickman, Charlotte, N.C., Charles A. Schneider, Sills & Brodsky, P.C., Washington, D.C., John E. Stein, Brightwood, Va., for defendants.


MEMORANDUM OF DECISION and ORDER

ROBERT D. POTTER, District Judge.

THIS MATTER is before the Court on opposing Motions for Summary Judgment. Plaintiffs' Motion, filed 9 October 1991, seeks a Judgment of this Court declaring the sale by Defendants of certain non-credit insurance a per se violation of North Carolina law. On 13 December 1991, the ITT Defendants moved for summary judgment and an Order dismissing Plaintiffs' Complaint with prejudice. Subsequently...

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