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GREEN v. LEVIS MOTORS, INC.

No. 98-30443.

179 F.3d 286 (1999)

Wilmore GREEN, III; HI; Marsha W. Green, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. LEVIS MOTORS, INC., et al., Defendants, Levis Motors, Inc., doing business as Levis Mitsubishi; John Does, 1-10; Hancock Bank of Louisiana; ABC Insurance; XYZ Insurance Co., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 22, 1999.

Attorney(s) appearing for the Case

Daniel A. Edelman, Cathleen M. Combs, James O. Latturner, Sheila A. O'Laughlin, Edelman & Combs, Chicago, IL, Garth Jonathan Ridge, Baton Rouge, LA, for Plaintiffs-Appellants.

James Rodney Chastain, Jr., Christine J. Lipsey, Breazeale, Sachse & Wilson, Baton Rouge, LA, for Levis Motors, Inc.

David S. Willenzik, Anthony Joseph Rollo, Jr., McGlinchey Stafford, Kerry J. Miller, Frilot, Partridge, Kohnke & Clements, New Orleans, LA, for Hancock Bank of Louisiana.

Before KING, Chief Judge, and REYNALDO G. GARZA and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Wilmore and Marsha Green have sued their car dealer and the bank that holds their retail installment contract for a violation of the Truth in Lending Act, 15 U.S.C. § 1601 et seq. The district court granted summary judgment for both Levis Motors, Inc. d/b/a Levis Mitsubishi (the car dealer) and Hancock Bank of Louisiana (the holder of the installment contract). The district court erred in granting summary judgment for Levis...

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