# Theresa Plant v. Blazer Financial Services, Inc. Of Georgia

> Court of Appeals for the Fifth Circuit · July 23, 1979 · 598 F.2d 1357

URL: https://www.frixlaw.com/law-library/cases/9465803

## Case

- **Full name:** Theresa PLANT, Plaintiff-Appellant, v. BLAZER FINANCIAL SERVICES, INC. OF GEORGIA, Defendant-Appellee
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** July 23, 1979
- **Citations:** 598 F.2d 1357; 51 A.L.R. Fed. 493; 27 Fed. R. Serv. 2d 955; 1979 U.S. App. LEXIS 12976
- **Precedential status:** Published
- **Opinion:** Concurring in part by Vance
- **Judges:** Morgan, Roney, Vance
- **Cited by:** 206 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9465803

## How later opinions describe it (automated extraction)

- holding, in truth-in-lending case, a state debt-collection counterclaim was compulsory because “the obvious interrelationship of the claims and rights of the parties, coupled with the common factual basis of the claims, demonstrates a logical relationship between the claim and…
- concluding that action on underlying debt was compulsory counterclaim to TILA action
- finding that a counterclaim on the debt evidenced by a note which is the subject of a truth-in-lending action, is compulsory
- holding that where a TILA claim was the main cause of action, an action on the underlying debt was a compulsory counterclaim

## Opinion text

VANCE, Circuit Judge,
dissenting in part and concurring in part.
The majority opinion contains a fair statement of the issue whether defendant’s counterclaim is compulsory or permissive. I do not agree, however, that the pertinent portion of our opinion in Spartan Grain & Mill Co. v. Ayers, 581 F.2d 419 (5th Cir. 1978), is dictum. In any case I am of the view that it correctly held such counterclaims to be permissive. I therefore dissent from the majority’s contrary holding.
In all other respects, I concur in the majority opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9465803. Public record. Not legal advice.