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BANK OF THE WEST v. KLINE

No. 08-1106.

782 N.W.2d 453 (2010)

BANK OF THE WEST, Successor-In-Interest to Commercial Federal Bank, Appellant, v. Phyllis J. KLINE and Christine Walters, Appellees.

Supreme Court of Iowa.

May 14, 2010.

Attorney(s) appearing for the Case

Thomas H. Burke, John F. Fatino, and Nicholas Cooper of Whitfield & Eddy, P.L.C., Des Moines, for appellant.

David Swinton of Belin Lamson McCormick Zumbach Flynn, a Professional Corporation, Des Moines, for appellee Kline.

Jerrold Wanek of Garten & Wanek, Des Moines, for appellee Walters.

WIGGINS, Justice.

In this appeal, we must decide if two debtors can use the Equal Credit Opportunity Act (ECOA) as an affirmative defense to an action by a creditor to collect a debt. Because we find the debtors can use the ECOA in that manner and there is no genuine issue of material fact as to the creditworthiness issue raised by the creditor on appeal, we affirm the judgment of the district court granting the debtors' motions for summary judgment.

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