Faustin and Georgia Montoya v. Postal Credit Union ( 1980 )

DOYLE, Circuit Judge,

concurring.

I concur generally in part I of the opinion. I am persuaded by the Federal Reserve Board letters which are cited in Part I of the opinion and the court authorities which are cited, particularly the decision of the Supreme Court in Ford Motor Credit Co. v. Milhollin, 444 U.S. 555, 100 S.Ct. 790, 63 L.Ed.2d 22 (1980).

As I view part II of the opinion, it is unnecessary to a decision in the case. That part of the opinion criticizes the filing of litigation challenging the suit on the basis that it is not a case or controversy. It says that the point raised is not a point relating to damages. The opinion acknowledges that actual damages need not be incurred. We have recognized this in an earlier opinion, Little Redhouse and Brady Tah., etc. v. Quality Ford Sales, Inc., etc. and Thomas E. Redd, 523 F.2d 1 (10th Cir. 1975).

The Congress has, in effect, authorized a lawsuit by a person who has not suffered actual damages, but this does not mean that the present plaintiff has no stake in the outcome of the case, and in the present case it is my opinion that the plaintiff does have requisite interest.