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RESIDENTIAL FUNDING CO. v. TERRACE MORTG. CO.

Civil No. 09-3455 (SRN/AJB).

850 F.Supp.2d 961 (2012)

RESIDENTIAL FUNDING COMPANY, LLC, Limited Liability Company, Plaintiff, v. TERRACE MORTGAGE COMPANY, a Georgia corporation, Defendant.

United States District Court, D. Minnesota.

February 7, 2012.

Attorney(s) appearing for the Case

Donald G. Heeman, and Jon L. Farnsworth, Felhaber, Larson, Fenlon & Vogt, P.A., Minneapolis, MN, for Plaintiff.

Thomas M. Barton and Aaron P.M. Tady, Coles Barton LLP, Lawrenceville, GA, and John D. Sear and Melissa Stull, Bowman and Brooke LLP, Minneapolis, MN, for Defendant.

MEMORANDUM OPINION AND ORDER

SUSAN RICHARD NELSON, District Judge.

This matter is before the court on the motion for summary judgment by Plaintiff Residential Funding Company, LLC ("Residential" or "RFC") (Doc. No. 22). For the reasons stated below, this Court grants the motion.

I. FACTUAL AND PROCEDURAL BACKGROUND

On May 18, 1994, Residential entered into a "Seller/Servicer Contract...

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