Alexander Stavrides v. Mellon National Bank & Trust Company

OPINION OF THE COURT

The issue presented by this appeal from a January 4, 1973, district court order, 353 F.Supp. 1072, entering judgment dismissing Counts Fourth through Ninth of the First Amended Substituted Complaint, is the validity of that portion of such order holding that the Fifth Count failed to state a claim upon which relief can be granted. 1

Paragraph 37 of such complaint states the claim of the Fifth Count under the Truth-In-Lending Act, 15 U.S.C. § 1639, as follows:

“In the one year preceding the commencement of this action, the representative and class defendants have extended new…