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PHIPPS v. F.D.I.C.

No. 03-3423.

417 F.3d 1006 (2005)

Alvin L. PHIPPS; Linda L. Phipps; John A. St. Clair; Elizabeth R. St. Clair; Shawn V. Starkey; Lorene A. Starkey, Appellants, v. FEDERAL DEPOSIT INSURANCE CORPORATION; GMAC-Residential Funding Corporation, a Minnesota Corporation; Residential Funding Mortgage Securities II, Inc., a Minnesota corporation; Chase Manhattan Bank, as Indenture Trustee of the GMAC-RFC and RFMS Securitized Trusts; Wilmington Trust Company, as Owner Trustee of the GMAC-RFC and RFMS Securitized Trusts; Homecomings Financial Network, Inc., a Delaware corporation; Household Finance, Inc., a Delaware corporation; Does, 1 through 25, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 28, 2005.

Rehearing and Rehearing Denied September 8, 2005.

Attorney(s) appearing for the Case

Kip D. Richards, argued, Kansas City, MO (J. Michael Vaughan on the brief), for appellant.

Daniel H. Squire, argued, Washington, D.C. (David A. Luigs, Stephen R. Heifetz, and Kelly Cochran and Todd W. Ruskamp of Kansas City, MO., on this brief), for appellee.

Roy W. Arnold, argued, Pittsburgh, PA. (Thomas L. Allen and James C. Martin of Pittsburgh, PA, and Randolph G. Willis and Daniel L. McClain of Kansas City, MO, on the brief), for appellee GMAC.

Lawrence H. Richmond, argued, Washington, D.C., for appellee FDIC.

Before RILEY, BOWMAN, and GRUENDER, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 8, 2005.*

RILEY, Circuit Judge.

The plaintiffs, Alvin and Linda Phipps (Phipps), John and Elizabeth St. Clair (St. Clair), and Shawn and Lorene Starkey (Starkey) filed a putative class action lawsuit in Missouri state court, seeking to recover allegedly unlawful fees charged on second mortgage loans by Guaranty National Bank of Tallahassee (GNBT). GNBT and other defendants removed...

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