Richard Doyle v. Southern Guaranty Corporation, Jimmy E. Wood v. Fort Wayne Mortgage Co.

These cases came to this Court on a 28 U.S.C.A. § 1292(b) appeal of legal questions decided by the district court in denying defendants’ motions for dismissal for failure to state a cause of action and summary judgment. These are diversity actions in which the plaintiffs-borrowers claim a cause of action under state usury laws, and the defendants-lenders assert various defenses including preemption by certain federal statutes.

This Court decided three points in controversy, and certified a fourth question of state law to the Supreme Court of Georgia. Doyle v. Southern Guar. Corp., 795 F.2d 907…