Legal Opinion

Binnick v. Avco Financial Services of Nebraska, Inc.

District Court, D. Nebraska

Decided August 18, 1977No. CV77-L-63PublishedCited by 29 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

URBOM, Chief Judge.

The plaintiff has filed a motion to dismiss [counterclaim] or for partial summary judgment, filing 7. This is an action in which the plaintiff seeks to recover statutory damages, costs, and attorney’s fees for violations of the Truth-in-Lending Act, 15 U.S.C. § 1601 et seq. (hereinafter T.I.L.A.). The defendant has filed a counterclaim, asserting that there is still due and owing the sum of $2,069.94 on the note which is the basis of the plaintiff’s T.I.L.A. claim. The defendant seeks either dismissal of the complaint or a setoff against any recovery the…

2Cases cited19 opinions

  1. Mourning v. Family Publications Service, Inc.Supreme Court of the United States · 1973
  2. Huntington v. AttrillSupreme Court of the United States · 1892
  3. Libby v. HopkinsSupreme Court of the United States · 1881
  4. Sellers v. WollmanCourt of Appeals for the Fifth Circuit · 1975
  5. McCollum v. Hamilton National BankSupreme Court of the United States · 1938

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

3Cited by29 opinions

  1. In the Matter of the Bohack Corporation, Debtor-In-Possession. The Bohack Corporation v. Borden, Inc.Court of Appeals for the Second Circuit · 1979
  2. Joseph E. Gerasta, Josefina E. Gerasta, Wife of Joseph E. Gerasta v. Hibernia National Bank v. U. S. Building Materials Co., Inc.Court of Appeals for the Fifth Circuit · 1978
  3. Adams v. ManownCourt of Appeals of Maryland · 1992
  4. In re SmithCourt of Appeals for the Seventh Circuit · 1981
  5. Daniel Robert Ryan v. Ohio Edison CompanyCourt of Appeals for the Sixth Circuit · 1979

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

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