No. 99-13725.

253 F.3d 1324 (2001)

John Robert CULPEPPER, Patricia Starnes Culpepper, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. IRWIN MORTGAGE CORPORATION, f.k.a. Inland Mortgage Corporation, Defendant-Appellant. Beatrice N. Hiers, individually and as a representative of a class of similarly situated persons, Plaintiff-Appellee, v. Irwin Mortgage Corporation, f.k.a. Inland Mortgage Corporation, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Decided June 15, 2001.

Attorney(s) appearing for the Case

Robert Riles Ambler, Jr., Griffin B. Bell, King & Spalding, Atlanta, GA, Robert J. Pratte, Margaret K. Savage, Briggs & Morgan, P.A., Minneapolis, MN, Sarah Y. Larson, Maynard, Cooper & Gale, P.C., Birmingham, AL, Alan H. Maclin, Briggs & Morgan, P.A., St. Paul, MN, for Defendant-Appellant.

David R. Donaldson, Tammy McClendon Stokes, Donaldson, Guin & Slate, L.L.C., Birmingham, AL, Kieron F. Quinn, Richard Scott Gordon, Law Office of Kieron F. Quinn, Baltimore, MD, for Plaintiffs-Appellees.

Before EDMONDSON, COX and GIBSON, Circuit Judges.

COX, Circuit Judge:

This action under § 8 of the Real Estate Settlement Practices Act1 is now on its second visit to our court. The plaintiffs, who have home mortgage loans from Irwin Mortgage Corporation, claim that certain payments, called "yield spread premiums," that Irwin made to the mortgage brokers who handled the plaintiffs' loan applications are illegal kickbacks or referral fees under § 8. The district court initially...


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