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WENNING v. JIM WALTER HOMES, INC.

No. NA 78-52-C.

464 F.Supp. 110 (1978)

John P. WENNING, on behalf of himself and others similarly situated, Plaintiffs, v. JIM WALTER HOMES, INC., Mid-State Homes, Inc., Jim Walter Corporation, Defendants.

United States District Court, S. D. Indiana, New Albany Division.

December 15, 1978.

Attorney(s) appearing for the Case

James M. Little, Oklahoma City, Okl., for plaintiffs.

Richard C. O'Connor, New Albany, Ind., Jerry P. Belknap, Indianapolis, Ind., Charles F. Wilson, Tampa, Fla., for defendants.

MEMORANDUM OF DECISION

DILLIN, District Judge.

Background

This case is before the Court on plaintiff's motion for determination as a class action and on cross-motions for summary judgment.

In substance, the amended complaint alleges two violations of the Uniform Consumer Credit Code (the Code), which was adopted in Indiana in 1971. I.C. 24-4.5-2-101 through 24-4.5-2-605.

The first of the alleged violations is that defendants...

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