DISCOVER BANK; Discover Financial Services, Incorporated, Plaintiffs-Appellees,
v.
Betty E. VADEN, Defendant-Appellant,
v.
Federal Deposit Insurance Corporation, Amicus Curiae.
John R. Kucan, Jr.; Terry Coates, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: November 29, 2006.
Decided: June 13, 2007.
Attorney(s) appearing for the Case
ARGUED: John Andrew Mattingly, Jr., Baldwin, Briscoe & Mattingly, Chtd., Lexington Park, Maryland, for Appellant. Martin C. Bryce, Jr., Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pennsylvania, for Appellees.
ON BRIEF: Joseph W. Hovermill, Matthew T. Wagman, John C. Celeste, Miles & Stockbridge, P.C., Baltimore, Maryland; Alan S. Kaplinsky, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pennsylvania, for Appellees. Sara A. Kelsey, General Counsel, Richard J. Osterman, Jr., Assistant General Counsel, Colleen J. Boles, Senior Counsel, Kathleen V. Gunning, Counsel, Federal Deposit Insurance Corporation, Arlington, Virginia, for Amicus Curiae Federal Deposit Insurance Corporation. F. Paul Bland, Jr., Trial Lawyers for Public Justice, Washington, D.C.; J. Jerome Hartzell, Hartzell & Whiteman, L.L.P., Raleigh, North Carolina; Carlene McNulty, North Carolina Justice Center, Raleigh, North Carolina, for Amici Curiae John R. Kucan, Jr., and Terry Coates.
Before WILKINSON and DUNCAN, Circuit Judges, and JOSEPH R. GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation.
United States Court of Appeals, Fourth Circuit.
Affirmed by published opinion. Judge DUNCAN wrote the majority opinion, in which Judge WILKINSON concurred. Judge GOODWIN wrote a dissenting opinion.
OPINION
DUNCAN, Circuit Judge.
For the second time, we hear an appeal in a dispute between Appellees Discover Bank and Discover Financial Services, Inc., a servicing affiliate of Discover Bank ("DFS," and, together with Discover Bank, "Discover"), and...
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