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C & W LEASING, INC. v. ORIX CREDIT ALLIANCE, INC.

No. 89-4012.

957 F.2d 815 (1992)

C & W LEASING, INC., Plaintiff-Counter-Defendant-Appellant, v. ORIX CREDIT ALLIANCE, INC., Defendant-Counterclaim Appellee.

United States Court of Appeals, Eleventh Circuit.

On Petitions for Rehearing June 2, 1992.

Attorney(s) appearing for the Case

Kenneth L. Mann, Orlando, Fla., for plaintiff-counter-defendant appellant.

Lawrence M. Watson, Jr., David S. Oliver, Michael S. Orfinger, Carlton, Fields, Ward, Emmanuel Smith & Cutler, Orlando, Fla., for defendant-counterclaim appellee.

Before TJOFLAT, Chief Judge, COX, Circuit Judge, and GODBOLD, Senior Circuit Judge.

GODBOLD, Senior Circuit Judge:

This removed diversity case involves a controversy between borrower and lender over three aspects of a loan. The borrower, C & W, alleged that Alliance, the lender, misrepresented the rate to be charged on the loan, miscalculated the amount of interest necessary to be paid upon prepayment, and inflated the amount necessary for prepayment by including an improper charge, and refused to pay...

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