Legal Opinion

Mary Ann Stefanski v. Mainway Budget Plan, Inc., and Eastern Underwriters, Inc.

Court of Appeals for the Fifth Circuit

Decided February 23, 1972No. 71-2009PublishedCited by 16 opinions

1Opinion of the Court

LEWIS R. MORGAN, Circuit Judge:

This case involves a claim brought under the Truth-in-Lending Act, 15 U.S.C. § 1601 et seq. The lower court, 326 F. Supp. 138, entered an order dismissing the action for failure to state a claim upon which relief can be granted. We hold that the allegations in the plaintiff’s complaint are sufficient to withstand a motion to dismiss for failure to state a cause of action.

Appellant Mary Ann Stefanski brought this class action against Eastern Underwriters, Inc. (hereafter Eastern) and Mainway Budget Plan, Inc. (hereafter Mainway). Eastern is a Florida insurance…

2Cases cited4 opinions

  1. Donna Robertson v. Patrolman F. JohnstonCourt of Appeals for the Fifth Circuit · 1967
  2. Byrd v. BatesCourt of Appeals for the Fifth Circuit · 1955
  3. Stefanski v. Mainway Budget Plan, Inc.District Court, S.D. Florida · 1971
  4. Black v. First National Bank of MobileCourt of Appeals for the Fifth Circuit · 1958

3Cited by16 opinions

  1. King v. Central BankCalifornia Supreme Court · 1977
  2. Manning v. Princeton Consumer Discount Co.Court of Appeals for the Third Circuit · 1976
  3. James W. Price v. Franklin Investment Company, Inc.Court of Appeals for the D.C. Circuit · 1978
  4. Jose Rios, Individually and on Behalf of All Others Similarly Situated v. Dr. Everett G. Dillman, Etc., Etc.Court of Appeals for the Fifth Circuit · 1974
  5. Carter's Ins. Agency, Inc. v. FranklinLouisiana Court of Appeal · 1983

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