David McDonald and Mary Kay McDonald v. Credithrift of America, Inc.

661 F.2d 69, 1981 U.S. App. LEXIS 16086

Opinions

PER CURIAM:

The sole question presented in this matter is the propriety of the awarding of attor ney’s fees to the prevailing plaintiff in a Truth in Lending Act case for the legal services rendered in both prosecuting the TILA claim and in successfully defending a state law counterclaim (money due and owing to defendant under the note). Convinced that this ruling is controlled by the recent decision of our court in Lacy v. General Finance Corporation, 651 F.2d 1026 (5th Cir. 1981), we remand to the district court for the vacating of any attorney’s fees awarded for services in connection with the defending of the counterclaim.