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MUNDACA INV. CORP. v. EMERY

674 A.2d 923 (1996)

MUNDACA INVESTMENT CORPORATION v. Louis H. EMERY et al.

Supreme Judicial Court of Maine.

Decided April 18, 1996.

Attorney(s) appearing for the Case

David J. Jones, Jensen, Baird, Gardner & Henry, Portland, for Plaintiff.

John M. Whalen, Lewiston, for Defendants.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, RUDMAN, DANA, and LIPEZ, JJ.

DANA, Justice.

Louis H. and Lucille A. Emery appeal from a judgment of foreclosure and sale entered in the Superior Court (York County, Cole, J.) on Mundaca Investment Corporation's motion for a summary judgment. The Emerys contend that their affirmative defense that Mundaca's assignor violated the Equal Credit Opportunity Act, 15 U.S.C. § 1691-1691f1 (1982 & Supp.1995) (ECOA), precluded summary judgment. We agree and vacate...

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