Legal Opinion

Williams v. Public Finance Corp.

Court of Appeals for the Fifth Circuit

Decided July 5, 1979No. Nos. 77-1337, 77-1706, 77-2112 and 77-3213PublishedCited by 27 opinions

1Opinion of the Court

GOLDBERG, Circuit Judge:

These four consolidated cases all involve the same question of federal law. The question is whether a loan which is void because it violates a Georgia usury law, the Georgia Industrial Loan Act (ILA), Ga.Code Ann. §§ 25-301, et seq., § 25-9903, can also violate the federal Truth-in-Lending (TIL) Act, 15 U.S.C. §§ 1601, et seq. (Consumer Credit Protection Act). All four cases also involve a second, more narrow federal law question. If a loan void under state law can and does violate the TIL Act, is the penalty under the Act the statutory minimum fine of $100, or is the…

2Cases cited10 opinions

  1. Fannie Thomas, Plaintiff-Appellee-Cross v. Myers-Dickson Furniture Company, Defendant-Appellant-CrossCourt of Appeals for the Fifth Circuit · 1973
  2. Sellers v. WollmanCourt of Appeals for the Fifth Circuit · 1975
  3. Hodges v. Community Loan & Investment Corp.Supreme Court of Georgia · 1975
  4. Mims v. Dixie Finance Corp.District Court, N.D. Georgia · 1976
  5. Herby Berryhill and Lucille Berryhill v. Rich Plan of Pensacola, a CorporationCourt of Appeals for the Fifth Circuit · 1978

5 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Koons Buick Pontiac GMC, Inc. v. NighSupreme Court of the United States · 2004
  2. Mary S. Smith v. Don Chapman, D/B/A Don Chapman Motor SalesCourt of Appeals for the Fifth Circuit · 1980
  3. James Riggs, Trustee in Bankruptcy v. Government Employees Financial Corporation, Etc.Court of Appeals for the Ninth Circuit · 1980
  4. Juanita B. Fairley v. Turan-Foley Imports, Inc., D/B/A Turan-Foley MitsubishiCourt of Appeals for the Fifth Circuit · 1995
  5. Perrone v. General Motors Acceptance Corp.Court of Appeals for the Fifth Circuit · 2000

22 more not listed; retrieve them via the Exa API.

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