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KIRKLAND v. MIDLAND MORTGAGE COMPANY

No. 00-10765.

243 F.3d 1277 (2001)

Eliza KIRKLAND, individually, and on behalf of all other Persons Similarly Situated, Plaintiff-Appellee, v. MIDLAND MORTGAGE COMPANY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

DECIDED March 7, 2001.

Attorney(s) appearing for the Case

Patrick J. Rice, David E. Hudson, Hull, Towill, Norman & Barrett, Augusta, GA, Robert J. Pratte, Margaret K. Savage, Briggs and Morgan, P.A., Minneapolis, MN, for Defendant-Appellant.

Pamela S. James, John C. Bell, Jr., Bell & James, P.C., Thomas W. Tucker, John B. Long, Dye, Tucker, Everitt, Wheale & Long, Augusta, GA, for Plaintiff-Appellee.

Before ANDERSON, Chief Judge, and MARCUS and KRAVITCH, Circuit Judges.

ANDERSON, Chief Judge:

Midland Mortgage Company ("Midland") brings this interlocutory appeal of the district court's certification of a class and denial of Midland's motion for summary judgment in this diversity action. Because we conclude that the district court lacked subject matter jurisdiction, we vacate and remand with instructions to remand to the state court.

I. FACTS

The plaintiff, Eliza Kirkland, obtained a mortgage from Cameron-Brown in...

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