DUFAY v. BANK OF AMERICA N.T. & S.A. OF OREGON

No. 94-36117.

94 F.3d 561 (1996)

Frank DUFAY and Mary Dufay, husband and wife, Plaintiffs-Appellants, v. BANK OF AMERICA N.T. & S.A., OF OREGON and TRW Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 26, 1996.


Attorney(s) appearing for the Case

Victoria E. Hatch, Victoria Hatch & Associates, Portland, Oregon, for plaintiffs-appellants.

Steven K. Blackhurst and Lori Irish Bauman, Ater, Wynne, Hewitt, Dodson & Skerritt, Portland, Oregon, for defendant-appellee.

Before: GOODWIN, and SCHROEDER, Circuit Judges, and ARMSTRONG, District Judge.


GOODWIN, Circuit Judge:

Frank and Mary Dufay appeal a summary judgment in favor of defendant Bank of America Oregon ("Bank of America" or the "Bank"). The district court held as a matter of law that Bank of America had responded to the plaintiffs' loan application within 30 days of its completion as required by the Equal Credit Opportunity Act (the "ECOA") 15 U.S.C. § 1691. We vacate the summary judgment and remand.

STATEMENT OF THE CASE

The...

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