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MALOWNEY v. FEDERAL COLLECTION DEPOSIT GROUP

No. 98-2610.

193 F.3d 1342 (1999)

John MALOWNEY, Susan L. Malowney, Plaintiffs-Appellants, v. FEDERAL COLLECTION DEPOSIT GROUP, Charles K. Mayall, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 29, 1999.

Attorney(s) appearing for the Case

J.W. Bonie, Law Office of J.W. Bonie, St. Petersburg, FL, for Plaintiffs-Appellants.

Martin Garcia, Sarasota, FL, for Kass Hodges, P.A. and Avrutis.

Michael R. Wallace, Robert K. Eddy & Associates, Tampa, FL, for Defendants-Appellees.

Helene Ellen Marks, Jean-Jacques A. Darius, Asst. U.S. Atty., Tampa, FL, for Defendants-Appellees.

Before CARNES and BARKETT, Circuit Judges, and PAINE, Senior District Judge.

CARNES, Circuit Judge:

The plaintiffs, John and Susan Malowney, appeal from the district court's order dismissing Count I of their amended complaint. For the reasons set forth below, we affirm.

I. BACKGROUND

The facts, as alleged in the Malowneys' amended complaint, are as follows. In 1987, Freedom Savings and Loan Association ("Freedom") obtained a state court judgment against John Malowney, in the Circuit Court for Hillsborough County, Florida...

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