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HATHAWAY v. FIRST FAMILY FIN. SERVICES

1 S.W.3d 634 (1999)

Joe M. HATHAWAY, Willie M. Hathaway, and Clara B. Fulson, Plaintiffs/Respondents, v. FIRST FAMILY FINANCIAL SERVICES, INC., Defendant/Petitioner.

Supreme Court of Tennessee, at Nashville.

August 30, 1999.

Attorney(s) appearing for the Case

Val Sanford, A. Scott Derrick, Wayne L. Robbins, Jr,. Gullett, Sandford, Robinson & Martin, PLLC, Nashville, for Defendant/Petitioner.

Malcolm L. McCune, W. Gary Blackburn, Mathew R. Zenner, Blackburn, Slobey, Freeman & Happell, Nashville, for Plaintiffs/Respondents.

Robertson M. Leatherman, Sara Falkinham, Armstrong, Allen, Prewitt, Gentry, Johnston & Holmes, Memphis, for Amicus Curiae Tennessee Consumer Finance Association.

OPINION

DROWOTA, Justice.

Pursuant to Rule 23 of the Rules of the Supreme Court of Tennessee,1 this Court accepted certification of the following two questions from the United States District Court for the Middle District of Tennessee:

1. In determining the service charge that an industrial loan and thrift company may charge under Tenn.Code Ann. § 45-5-403(1)(A) (Supp.1998) upon refinancing a loan, is the...

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