Legal Opinion

Robert J. Pellegrino v. The Marathon Bank, a Florida Banking Corporation

Court of Appeals for the Fifth Circuit

Decided March 25, 1981No. 80-5082PublishedCited by 17 opinions

1Per curiam

I

On three separate occasions in 1976 and 1977, plaintiff Robert J. Pellegrino borrowed money from defendant Marathon Bank (Bank) to finance construction of a home in Florida. Each loan was secured by a mortgage on the home. In July 1977, Bank instituted foreclosure proceedings in state court and obtained a judgment against Pellegrino for $70,880.60. In post-trial motions, Pellegrino alleged for the first time that Bank had, in extending the three loans, violated disclosure provisions of the Truth in Lending Act, 15 U.S.C. §§ 1601-1681t (1976 & U.S.C.A.Cum.Supp. 1980) (TIL). From the denial of…

2Cases cited6 opinions

  1. Haines v. KernerSupreme Court of the United States · 1972
  2. Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
  3. Matton Steamboat Co. v. MurphySupreme Court of the United States · 1943
  4. Dr. Harry W. Theriault v. Frederick Silber, Director, United States Chaplain ServiceCourt of Appeals for the Fifth Circuit · 1978
  5. R. M. Phillips, D/B/A Luthersville Package Store v. Insurance Company of North AmericaCourt of Appeals for the Fifth Circuit · 1981

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3Cited by17 opinions

  1. Jefferson v. Pneumo Services Corp.Court of Appeals of Tennessee · 1985
  2. Holly Shipp v. General Motors CorporationCourt of Appeals for the Fifth Circuit · 1985
  3. Moses I. Lewis, Jr. v. Morris Thigpen, Commissioner, Department of Corrections, DefendantsCourt of Appeals for the Fifth Circuit · 1985
  4. Allied Steel v. City of AbileneCourt of Appeals for the Fifth Circuit · 1990
  5. American Freight System, Inc. v. W.A. Walker & Associates, Inc. (In Re American Freight System, Inc.)District Court, D. Kansas · 1993

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