Legal Opinion
Chapman v. Aetna Finance Co.
Court of Appeals for the Fifth Circuit
Decided April 11, 1980No. Nos. 78-2131, 78-2288PublishedCited by 8 opinions
1Opinion of the Court
JAMES C. HILL, Circuit Judge:
The question is whether petitioners’ Truth-in-Lending claims1 were properly dismissed on account of their non-assertion as compulsory counterclaims in previous state foreclosure proceedings. The posture of these cases is virtually identical. Petitioners allegedly defaulted on debts owed respondents, and respondents severally commenced foreclosure actions in Georgia state courts. Almost immediately thereafter, petitioners severally commenced the instant suits in United States District Court. The state cases meanwhile proceeded to judgment2 without petitioners’…
2Cases cited30 opinions
- Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
- England v. Louisiana State Board of Medical ExaminersSupreme Court of the United States · 1964
- Nevada v. HallSupreme Court of the United States · 1979
- New York Ex Rel. Halvey v. HalveySupreme Court of the United States · 1947
- Magnolia Petroleum Co. v. HuntSupreme Court of the United States · 1944
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3Cited by8 opinions
- John Pochiro and Karen Pochiro, Husband and Wife v. The Prudential Insurance Company of AmericaCourt of Appeals for the Ninth Circuit · 1987
- James White v. Carl ThomasCourt of Appeals for the Fifth Circuit · 1981
- John Concordia v. J. Thomas Bendekovic, Jr., Lt. G. Simpson, Bruce Lee McCormick Leonard Leo LanhamCourt of Appeals for the Eleventh Circuit · 1982
- Constance I. Dubroff v. Duncan D. Dubroff, Don M. KennedyCourt of Appeals for the Fifth Circuit · 1987
- Jackson Hewitt, Inc. v. J2 Financial Services, Inc.District Court, E.D. Virginia · 1995
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