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LUCIUS v. BAYSIDE FIRST MORTG., INC.

No. 98-2877-DV.

43 F.Supp.2d 868 (1999)

Stephen LUCIUS, on behalf of himself and all other persons similarly situated, Plaintiff, v. BAYSIDE FIRST MORTGAGE, INC. and First Plus Financial, Inc., Defendants.

United States District Court, W.D. Tennessee, Western Division.

March 31, 1999.

Attorney(s) appearing for the Case

G. Ray Bratton, Farris Mathews Branan & Hellen, Memphis, TN, Gregory W. O'Neal, Farris Mathews Branan & Hellen, Memphis, TN, for Stephen Lucius.

Earle J. Schwarz, Waring Cox, Memphis, TN, for Bayside First Mortgage, Inc.

John B. Philip, Crislip Philip & Associates, Memphis, TN, for First Plus Financial, Inc.

ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS

DONALD, District Judge.

Before the court are the motions of defendant, Bayside First Mortgage, Inc., and defendant, First Plus Financial, Inc., to dismiss the action for lack of subject matter jurisdiction. For the following reasons, defendants' motions are granted.

I. Background Facts

On or about August 17, 1996, Plaintiff obtained a home mortgage loan from Bayside First Mortgage Inc...

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