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McCORMICK v. WELLS FARGO BANK

Civil Action No. 3:08-0944.

640 F.Supp.2d 795 (2009)

John McCORMICK and Alice McCormick, on behalf of all other individuals similarly situated, Plaintiffs, v. WELLS FARGO BANK d/b/a Wells Fargo Home Mortgage, and Samuel I. White, P.C., Defendants.

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

February 26, 2009.

Attorney(s) appearing for the Case

Bren J. Pomponio, Daniel F. Hedges, Sara Bird, Mountain State Justice, Inc., Charleston, WV, for Plaintiffs.

Ariella G. Silberman, William W. Booker, Kay Casto & Chaney, Christopher R. Arthur, Samuel I. White, Charleston, WV, E. Kyle McNew, John C. Lynch, Troutman Sanders, Virginia Beach, VA, for Defendants.

MEMORANDUM OPINION AND ORDER

ROBERT C. CHAMBERS, District Judge.

Pending before the Court is Defendant Samuel I. White, P.C.'s (SIWPC) Motion to Dismiss Counts I and III of Plaintiffs' Amended Complaint for failure to state a claim upon which relief may be granted. For the reasons set forth below, the Motion to Dismiss (Doc. 10) is GRANTED and Counts I and III are DISMISSED with prejudice as to both Defendants, SIWPC and Wells Fargo...

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