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ELLIS v. GENERAL MOTORS ACCEPTANCE CORP.

No. 97-6963.

160 F.3d 703 (1998)

Paul R. ELLIS, Peggy Ann Ellis, on their own and on behalf of all others similarly situated, Plaintiffs-Appellants, v. GENERAL MOTORS ACCEPTANCE CORPORATION, d.b.a. General Motors Acceptance Corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 13, 1998.

Attorney(s) appearing for the Case

Charles A. Dauphin, Baxley, Dillard, Dauphin & McKnight, Birmingham, AL, Roger W. Kirby, Andrea Bierstein, Kaufman, Malchman, Kirby & Squire, LLP, New York City, for Plaintiffs-Appellants.

John M. Johnson, Lightfoot, Franklin & White, LLC, Birmingham, AL, Richard C. Godfrey, Scott W. Fowkes, Kirkland & Ellis, Chicago, IL, for Defendants-Appellees.

Before ANDERSON and BARKETT, Circuit Judges, and HILL, Senior Circuit Judge.

BARKETT, Circuit Judge:

Plaintiffs Paul and Peggy Ellis ("Ellises") appeal the dismissal of their suit against the General Motors Acceptance Corporation ("GMAC") alleging violations of the Truth in Lending Act, 15 U.S.C. § 1640(e) (1997) ("TILA"). The district court dismissed the complaint on the grounds that the statute of limitations had expired and, alternatively, that under 15 U.S.C. § 1641, GMAC was exempted from liability under TILA. On appeal the...

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