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Plant v. Blazer Financial Services

United States Court of Appeals for the Fifth Circuit
598 F.2d 1357 (1979)

Written by Matt Fyock, JD

Facts

Theresa Plant (plaintiff) executed a note in favor of Blazer Financial Services (defendant) for $2,520 and later sued Blazer in federal court for failure to make disclosures required by the Truth in Lending Act. Blazer counterclaimed under Georgia law to collect the unpaid balance on the note. The court concluded that Blazer's counterclaim was compulsory and exercised jurisdiction over it. The court found for Plant on the truth-in-lending claim and for Blazer on the counterclaim and offset Plant’s award accordingly. Plant appealed, alleging that the court lacked jurisdiction to decide the counterclaim.

Rule of Law

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Issue

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Holding and Reasoning (Roney, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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