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AMERICAN FAIR CREDIT v. UNITED CREDIT NAT. BANK

Civil Action No. 00-B-422.

132 F.Supp.2d 1304 (2001)

AMERICAN FAIR CREDIT ASSOCIATION, a Colorado corporation, Plaintiff, v. UNITED CREDIT NATIONAL BANK, a national credit card bank; and United Insurance Companies, Inc., a Delaware corporation, Defendants.

United States District Court, D. Colorado.

January 12, 2001.

Attorney(s) appearing for the Case

Richard P. Kissinger, G. Harris Adams, Kissinger & Fellman, P.C., Denver, CO, J. Nicholas McKeever, Gordon W. Netzorg, Netzorg & McKeever, P.C., Denver, CO, Allison Herren Lee, Sherman & Howard, United States District Court, Denver, CO, for American Fair Credit Association.

Frederick J. Baumann, Douglas B. Tumminello, Rothgerber, Johnson & Lyons, LLP, United States District Court, Denver, CO, Tim Atkeson, Susan Elaine Schell, Arnold & Porter, Denver, CO, Alan N. Salpeter, Douglas Alan Albritton, Stephen Aaron Miller, Howard J. Roin, Mayer, Brown & Platt, Chicago, IL, Brian G. Eberle, Robert E. Youle, Dennis Jeremy Herman, Williams, Youle & Koenigs, Denver, CO, Ralph I. Miller, Yvette Ostolaza, Angela Christine Wennihan, Weil, Gotshal & Manges, Dallas, TX, for United Credit National Bank, United Insurance Companies, UICI.

MEMORANDUM OPINION AND ORDER

BABCOCK, Chief Judge.

Defendants move to dismiss pursuant to Rules 12(b)(1), (6), and Plaintiff moves to amend its complaint. Both motions are opposed. For the reasons stated below, I grant in part and deny in part Defendant's motion, and grant Plaintiff's motion. Jurisdiction exists pursuant to 28 U.S.C. § 1332.

I.

The following facts are taken from Plaintiff's proposed Second Amended Complaint...

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