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SHINN v. ENCORE MORTG. SERVICES, INC.

Civil Action No. 99-5773(JEI).

96 F.Supp.2d 419 (2000)

Stanley SHINN and Catherine Shinn, Husband and Wife, Plaintiffs, v. ENCORE MORTGAGE SERVICES, INC., and Sterling Home Mortgage Company, Defendants.

United States District Court, D. New Jersey.

May 8, 2000.

Attorney(s) appearing for the Case

Lewis G. Adler, Woodbury, NJ, for Plaintiffs.

Sinko & Eisner by Michael D. Sinko, Haddonfield, NJ, for Defendant Encore Mortg. Services, Inc.

Reed Smith Shaw & McClay, LLP, by George E. McDavid, Princeton, NJ, for Defendant Sterling Home Mortg. Co.

OPINION

IRENAS, District Judge.

Presently before the Court is defendant Sterling Home Mortgage Company's motion to dismiss the complaint for failure to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P. 12(b)(6). For the reasons set forth below, this motion is granted.

I.

The facts in this matter are undisputed. On or about December 10, 1998, plaintiffs borrowed $74,900 from defendant Encore Mortgage Services, Inc....

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