Legal Opinion

E. Phillip Duderwicz and Diana Duderwicz v. Sweetwater Savings Association, Ronald Rader and Zhanna Rader v. Sweetwater Savings Association

Court of Appeals for the Fifth Circuit

Decided May 22, 1979No. 77-1481, 77-1592PublishedCited by 28 opinions

1Opinion of the Court

SIMPSON, Circuit Judge:

Appellants, borrowers, brought separate diversity actions against a lender. They sought, inter alia, forfeiture of interest charged under a note allegedly usurious under Georgia law. The district court dismissed the appellants’ respective actions, now consolidated on this appeal, “on account of mootness”. We reverse and remand.

I. STATEMENT OF FACTS

On May 9, 1974, appellants executed notes and deeds to secure debts owed to The Georgia Loan & Trust Company (“Georgia Loan”). The notes and accompanying deeds were assigned on or about September 17, 1974, to Sweetwater…

2Cases cited20 opinions

  1. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  2. Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
  3. Thomson v. GaskillSupreme Court of the United States · 1942
  4. Beacon Construction Company, Inc. v. Matco Electric Company, Inc., D/B/A Dwyer Electric Co., Inc.Court of Appeals for the Second Circuit · 1975
  5. Bank of Lumpkin v. Farmers State BankSupreme Court of Georgia · 1926

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

3Cited by28 opinions

  1. Garcia v. Koch Oil Co. of Texas Inc.Court of Appeals for the Fifth Circuit · 2003
  2. Ericsson GE Mobile Communications, Inc. v. Motorola Communications & Electronics, Inc.Court of Appeals for the Eleventh Circuit · 1997
  3. Fastcase, Inc. v. Lawriter, LLCCourt of Appeals for the Eleventh Circuit · 2018
  4. Richard C. Young & Co. v. LeventhalCourt of Appeals for the First Circuit · 2004
  5. Kenneth M. Henson v. Columbus Bank & Trust CompanyCourt of Appeals for the Eleventh Circuit · 1985

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

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