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MALLORY v. MORTGAGE AMERICA, INC.

No. Civ.A. 2:97-0338.

67 F.Supp.2d 601 (1999)

Harry I. MALLORY and Jeanne L. Mallory, individually and on behalf of all others similarly situated, Plaintiffs, v. MORTGAGE AMERICA, INC., a corporation d/b/a Alternative Lending Mortgage Corporation and Industry Mortgage Company, a corporation, Defendants.

United States District Court, S.D. West Virginia, at Charleston.

September 30, 1999.

Attorney(s) appearing for the Case

Daniel Hedges, Mountain State Justice, Inc., Charleston, WV, for plaintiffs.

Richard L. Gottlieb, Lewis, Friedberg, Glasser, Casey & Rollins, Charleston, WV, for defendants.

MEMORANDUM ORDER

COPENHAVER, District Judge.

This matter is before the court on the parties' cross motions for summary judgment with respect to the state law class claim asserted in Count I of plaintiffs' amended complaint.

I.

On September 7, 1996, the named plaintiffs borrowed $60,000 from defendant Mortgage America, Inc. d/b/a Alternative Lending Mortgage Company. The loan was subsequently assigned to defendant Industry Mortgage...

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