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BRIGGS v. COUNTRYWIDE FUNDING CORP.

Civil Action No. 95-D-859-N.

931 F.Supp. 1545 (1996)

Jeff C. BRIGGS, et al., Plaintiffs, v. COUNTRYWIDE FUNDING CORP., et al., Defendants.

United States District Court, M.D. Alabama, Northern Division.

March 8, 1996.

Attorney(s) appearing for the Case

C. Knox McLaney, III, Angela L. Kimbrough, McLaney & Associates, Montgomery, AL, Lynn W. Jinks, III, L. Bernard Smithart, Jinks, Smithart, Jackson & Daniel, L.L.C., Union Springs, AL, for plaintiffs Jeff C. Briggs, and Kathy Briggs, on behalf of themselves and all others similarly situated.

John H. Morrow, Richard H. Monk, III, Matthew H. Lembke, Bradley, Arant, Rose & White, Birmingham, AL, John C. Englander, Thomas M. Hefferon, Goodwin, Procter & Hoar, Boston, MA, for defendant Country-wide Funding Corporation.

Randall B. Perry, House, Perry & Kavanaugh, Huntsville, AL, for defendant Madison Equity Mortgage Co., Inc.

MEMORANDUM OPINION AND ORDER

DE MENT, District Judge.

Before the court is the defendant Countrywide Funding Corporation's (hereafter "Countrywide") motion filed August 21, 1995, to dismiss Counts II, III, IV and V of the complaint. The plaintiff responded in opposition on September 6, 1995. Thereafter, on September 26, 1995, Countrywide replied to the plaintiff's response. After careful consideration...

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