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TELFAIR v. FIRST UNION MORTG. CORP.

No. 99-10846.

216 F.3d 1333 (2000)

Eugene TELFAIR, Plaintiff-Appellant, v. FIRST UNION MORTGAGE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 7, 2000.

Attorney(s) appearing for the Case

John B. Long, Dye, Tucker, Everitt, Wheale & Long, Augusta, GA, for Plaintiff-Appellant.

Wm. Byrd Warlick, Augusta, GA, Russell J. Pope, Pope & Hughes, Towson, MD, for Defendant-Appellee.

Before TJOFLAT, MARCUS and KRAVITCH, Circuit Judges.

KRAVITCH, Circuit Judge:

In this review of the bankruptcy court's grant of Appellee's motion for summary judgment we consider the propriety of an attorney's fees award to an oversecured creditor in a Chapter 13 bankruptcy proceeding and determine whether Georgia law imposes fiduciary duties on a mortgagee's administration of a mortgagor's escrow fund. Finally, we review the bankruptcy court's consideration of an affidavit purportedly inconsistent with the affiant...

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