DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

042208P.pdf   08/23/2005  Tommy Joe Stutzka  v.  James P. McCarville
   U.S. Court of Appeals Case No:  04-2208
   District of Nebraska   
   [PUBLISHED] [Wollman, Author, with Arnold and Gruender, Circuit 
   Judges] 
   Consumer law. Plaintiff obtained the relief he requested - the rescission 
   of a contract - and a necessary consequence of the rescission was that the 
   estate had to repay the benefits plaintiff's decedent received, which meant 
   that the estate had to repay the $85,000 decedent received under the 
   rescinded contract; the district court erred in granting the defendants 
   summary judgment on plaintiff's Truth in Lending Act claims as there 
   were genuine issues of material of fact concerning compliance with the 
   Act.