VanDenBROECK v. COMMONPOINT MORTG. CO.

No. 98-2266.

210 F.3d 696 (2000)

Sandra VanDenBROECK, an individual; Eugene Nichoson and Carol Nichoson, husband and wife; Abel Soto and Denise Soto, husband and wife, Plaintiffs and Class Representatives-Appellants, v. COMMONPOINT MORTGAGE COMPANY, fka Anderson Realty, Inc., fka Allstate Mortgage & Financial Corporation, fka AAA Mortgage & Financial Corporation, d/b/a CommonPoint Mortgage; Michael Anderson, an individual, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 1, 2000.


Attorney(s) appearing for the Case

John E. Anding (argued and briefed), Christopher G. Hastings (briefed), Drew, Cooper & Anding, Grand Rapids, Michigan, for Plaintiffs-Appellants.

John C. Englander (argued and briefed), James W. McGarry (briefed), Goodwin, Procter & Hoar, Boston, Massachusetts, Thomas M. Hefferon (briefed), Goodwin, Procter & Hoar, Washington, D.C., for Defendants-Appellees.

Before: MERRITT, NELSON, and DAUGHTREY, Circuit Judges.


OPINION

MERRITT, Circuit Judge.

This is a section 1962(c) RICO fraud case,1 brought by borrowers who allege that the defendant lender, CommonPoint Mortgage Company, engaged in a pattern of racketeering activity consisting of mail and wire fraud. The gist of the case is that the lender's undisclosed fees were unreasonable. The appeal arises from the district court's decision to grant the lender's motion to dismiss with respect...

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