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UNITED STATES v. GRAHAM MORTG. CORP.

Nos. 83-1628, 83-1629.

740 F.2d 414 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. GRAHAM MORTGAGE CORP., Richard E. Chapin, Thomas P. Heinz, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided July 12, 1984.

Rehearing and Rehearing Denied September 26, 1984.

Attorney(s) appearing for the Case

James A. Smith (argued), Bodman, Longley & Dahling, Thomas A. Roach, Donovan, Hammond, Ziegleman, Roach & Sotiroff, Detroit, Mich., for defendants-appellants.

Leonard R. Gilman, U.S. Atty., Stephen T. Robinson, Asst. U.S. Atty. (argued), Detroit, Mich., for plaintiff-appellee.

Before KENNEDY and WELLFORD, Circuit Judges; and PECK, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied September 26, 1984.

PECK, Senior Circuit Judge.

This appeal involves the issue of whether, for purposes of a criminal prosecution involving § 8(a) of the Real Estate Settlement Procedures Act of 1974 (RESPA), 12 U.S.C. § 2607(a),1 the making of a mortgage loan is a settlement service. Before this court appellants contend that the making of mortgage loans at a reduced charge of points...

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