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NOLAND v. COMMERCE MORTG. CORP.

No. 96-3693EM.

122 F.3d 551 (1997)

Samuel Ray NOLAND, Appellant, v. COMMERCE MORTGAGE CORPORATION, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 8, 1997.

Attorney(s) appearing for the Case

Lyell H. Champagne, St. Louis, MO, argued, for Appellant.

Joel A. Poole, St. Louis, MO, argued (Beverly D. Garner, St. Louis, MO, on the brief), for Appellee.

Before RICHARD S. ARNOLD, Chief Judge, BEEZER and WOLLMAN, Circuit Judges.

RICHARD S. ARNOLD, Chief Judge.

This appeal presents the question of whether Samuel Noland's response to Commerce Mortgage's motion for summary judgment was sufficient to withstand that motion. In July of 1994, Samuel Noland applied to Commerce Mortgage for a mortgage loan of about $41,000. Noland made his application to the bank's "Home Partnership Program," which extends favorable mortgage terms — such as smaller down payments, lower interest rates, and reduced...

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