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SHORT v. WELLS FARGO BANK MINNESOTA, N.A.

No. CIV.A. 3:04-1096.

401 F.Supp.2d 549 (2005)

Michael L. SHORT, Plaintiff, v. WELLS FARGO BANK MINNESOTA, N.A.; Countrywide Home Loans, Inc.; Tri-State Title, Inc., a corporation; Bonnie Sue Fleming; and, Douglas M. Legg, Defendants.

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

November 18, 2005.

Attorney(s) appearing for the Case

Bren J. Pomponio, Daniel F. Hedges, Heather E.W. Walsh, Mountain State Justice, Inc., Charleston, WV, for Plaintiff.

Bruce M. Jacobs, H. Dill Battle, III, Scott Palmer Mason, Spilman Thomas & Battle, Julie M. Meeks, Stephen M. Fowler, Travis A. Griffith, Pullin Fowler & Flanagan, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

CHAMBERS, District Judge.

Pending is a motion for summary judgment brought by defendants Countrywide Home Loans, Inc. (hereinafter "Countrywide") and Wells Fargo Bank Minnesota, N.A. (hereinafter "Wells Fargo") pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons set forth below, the motion is GRANTED in part and DENIED in part.

I

On April 15, 2005, the plaintiff...

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