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SYDNOR v. CONSECO FINANCIAL SERVICING CORP.

No. 00-2304.

252 F.3d 302 (2001)

Irma H. SYDNOR; Vivian E. Wyatt, Plaintiffs-Appellees, v. CONSECO FINANCIAL SERVICING CORP., Defendant-Appellant. and AAPCOOF Richmond West, Incorporated, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: March 7, 2001.

Attorney(s) appearing for the Case

ARGUED: Brian R. M. Adams, Michael B. Gunlicks (on brief), Spotts, Fain, Buis, Chappell & Anderson, Richmond, Virginia, for Appellant. Thomas Dean Domonoske, The Law Office of Dale W. Pittman, Harrisonburg, VA, for Appellees.

ON BRIEF: Michael b. Gunlicks, Spotts, Fain, Buis, Chappell & Anderson, Richmond, VA, for Appellant. Dale W. Pittman, The Law Office of Dale W. Pittman, Petersburg, VA, for Appellees.

Before WILKINSON, Chief Judge, NIEMEYER, Circuit Judge, and Malcolm J. HOWARD, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Reversed and remanded by published opinion. Judge HOWARD wrote the opinion, in which Chief Judge WILKINSON and Judge NIEMEYER joined.

OPINION

HOWARD, District Judge:

This matter arises out of a home improvement loan received by the plaintiffs in this case, Irma H. Sydnor ("Sydnor") and Vivian E. Wyatt ("Wyatt"), from Conseco Finance Servicing Corporation ("Conseco") for work done by AAPCO of Richmond West, Inc. ("AAPCO"). For the reason stated below...

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