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HUBBARD v. FIDELITY FEDERAL BANK

No. 93-56052.

91 F.3d 75 (1996)

Monica J. HUBBARD, fka Monica J. Roegler; Earle S. Humphreys; Nicette M. Humphreys, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. FIDELITY FEDERAL BANK, fka Fidelity Federal Savings and Loan Association, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 25, 1996.

As Amended on Denial of Rehearing October 2, 1996.

Attorney(s) appearing for the Case

Peter M. Racher, Plews, Shadley, Racher & Braun, Indianapolis, IN, and M. Scott Barrett, Lawrence Walner & Assoc., Chicago, IL, for plaintiffs-appellants.

Martin C. Washton and Alicia J. Bentley, Gibson, Dunn & Crutcher, Los Angeles, CA, for defendant-appellee.

Before BROWNING, D.W. NELSON and HAWKINS, Circuit Judges.

PER CURIAM:

Monica Hubbard and Earle and Nicette Humphreys appeal a grant of summary judgment in their breach of contract, fraud, and Truth in Lending Act ("TILA") class action against Fidelity Federal Bank. We affirm in part, reverse in part, and remand.

I.

In November, 1983, Hubbard obtained a $94,000 adjustable-rate mortgage loan from Fidelity Federal Bank. The interest rate was to be adjusted semi-annually, on June 1 and December 1, based on...

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