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COLANGELO v. NORWEST MORTG., INC.

No. C3-99-247.

598 N.W.2d 14 (1999)

Edward R. COLANGELO, et al., Appellants, v. NORWEST MORTGAGE, INC., Respondent.

Court of Appeals of Minnesota.

Review Denied October 21, 1999.

Attorney(s) appearing for the Case

Charles H. Johnson, Neal A. Eisenbraun, Charles H. Johnson & Associates, P.A., New Brighton, and Hart L. Robinovitch, Zimmerman Reed, P.L.L.P., Minneapolis, and Peter A. Pease, Berman, Devalerio & Pease, L.L.P., Boston, MA for appellants.

Alan H. Maclin, Mark G. Schroeder, Brent R. Lindahl, Briggs & Morgan, P.A., Saint Paul, for respondent.

Considered and decided by DAVIES, Presiding Judge, RANDALL, Judge, and G. BARRY ANDERSON, Judge.

OPINION

G. BARRY ANDERSON, Judge

Appellants argue the district court erred when it granted summary judgment dismissing their claim for breach of contract and ruling that the facsimile transmission fee (fax fee) charged by respondent was a special charge outside the scope of the parties' mortgage agreements and not a prepayment penalty. Appellants also insist the district court erred when it dismissed their claims for negligent misrepresentation, unjust enrichment...

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