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SMITH v. LEWIS FORD, INC.

Civ. C-78-2244.

456 F.Supp. 1138 (1978)

Fred W. SMITH, Individually and on behalf of all others similarly situated, Plaintiffs, v. LEWIS FORD, INC., Union Planters National Bank, Inc., and Ford Motor Credit Company, Inc., Defendants.

United States District Court, W. D. Tennessee, W. D.

September 26, 1978.

Attorney(s) appearing for the Case

James L. Kacena and Lillian L. Dykes, Law Offices of Schaeffer & McDougal, Memphis, Tenn., for plaintiffs.

Leo E. Bearman, Jr., Memphis, Tenn., for Lewis Ford, Inc.

Glen G. Reid, Jr., Wildman, Harrold, Allen, Dixon & McDonnell, Memphis, Tenn., for Union Planters Nat. Bank, Inc.

Freeman C. Marr and R. Lanier Fogg, Hankins, Marr, Rose & Fogg, Memphis, Tenn., for Ford Motor Credit Co., Inc.

ORDER DENYING MOTION TO DISMISS BY DEFENDANT UNION PLANTERS NATIONAL BANK, INC.

BAILEY BROWN, Chief Judge.

Defendant Union Planters National Bank, Inc., one of three defendants in this action, moves to dismiss the complaint against it pursuant to Rule 12(b) of the Federal Rules of Civil Procedure. Plaintiff has sued all three defendants for alleged violations of the Federal Consumer Credit Protection Act (also known as the "Truth-in-Lending" Act), 15 U.S...

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