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RIVIERE v. BANNER CHEVROLET, INC.

No. 97-31226.

184 F.3d 457 (1999)

Stefanie RIVIERE, et al., Plaintiffs, Stefanie Riviere; Thomas Sturdevant, Plaintiffs-Appellants; v. BANNER CHEVROLET, INC., et al., Defendants, Banner Chevrolet, Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 6, 1999.

Attorney(s) appearing for the Case

Michael Brent Hicks, Wayne M. Babovich, Babovich & Spedale, Metairie, LA, for Plaintiffs-Appellants.

Duris Lee Holmes, Charles Frederick Seemann, III, Deutsch, Kerrigan & Stiles, New Orleans, LA, for Defendant-Appellee.

Manuel Harry Newburger, Barbara M. Barron, Barron & Newburger, Austin, TX, for The Commercial Law League of America, Amicus Curiae.

Richard John Rubin, Santa Fe, NM, Garth Jonathan Ridge, Baton Rouge, LA, for Nat. Ass'n of Consumer Advocates and The Nat. Consumer Law Center, Amicus Curiae.

Arthur S. Mann, III, New Orleans, LA, for American Financial Services Ass'n and General Motors Acceptance Corp.

David S. Willenzik, Anthony Joseph Rollo, Jr., McGlinchey & Stafford, New Orleans, LA, Ralph John Rohner, Catholic University Law School, Washington, DC, for American Bankers Ass'n, American Financial Services Ass'n, Consumer Bankers Ass'n and Louisiana Bankers Ass'n, Amicus Curiae.

Before JONES, DUHÉ and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

For this appeal concerning the Truth in Lending Act, the defendant/appellee automobile dealer from whom Appellants purchased a vehicle having prevailed in a bench trial on the basis that the dealer is not a "creditor" within the meaning of the Act, that issue and whether the transaction was a "consumer transaction" for purposes of the Act are the primary matters at hand. We VACATE and REMAND for further proceedings.<...

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