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BARNHILL v. BANK OF AMERICA, N.A.

No. 7:05-1158-HMH.

378 F.Supp.2d 696 (2005)

Dewey C. BARNHILL and Jane P. Barnhill, Plaintiffs, v. BANK OF AMERICA, N.A. and West Asset Management, Inc., Defendants.

United States District Court, D. South Carolina, Spartanburg Division.

July 28, 2005.

Attorney(s) appearing for the Case

Patrick Eugene Knie, Spartanburg, SC, William E. Winter, Jr., Winter and Rhoden, Gaffney, SC, for Plaintiff.

Jeffrey W. Newman, William Stevens Brown, Nelson, Mullins, Riley and Scarborough, Greenville, SC, for Defendant.

OPINION & ORDER

HERLONG, District Judge.

This matter is before the court on Bank of America, N.A. ("Bank of America") and West Asset Management, Inc.'s ("West") (collectively "defendants") motion to dismiss Dewey C. Barnhill ("Dewey Barnhill") and Jane P. Barnhill's ("Jane Barnhill") (collectively "plaintiffs") complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief may be granted. After...

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