MULL v. ALLIANCE MORTG. BANKING CORP.

No. 01-CV-2710 GV.

219 F.Supp.2d 895 (2002)

George Allen MULL, Teresa Ann Mull, Percy Beard, and Brenda Beard, on behalf of themselves and all other persons similarly situated, Plaintiffs, v. ALLIANCE MORTGAGE BANKING CORPORATION; Amaximis Lending, L.P.; FirstPlus Home Loan Trust 1996-2; FirstPlus Home Loan Owner Trust 1996-3; FirstPlus Home Owner Loan Trust 1996-4; FirstPlus Home Loan Owner Trust 1997-1; FirstPlus Home Loan Owner Trust 1997-2; FirstPlus Home Loan Owner Trust 1997-3; FirstPlus Home Loan Owner Trust 1997-4; FirstPlus Home Loan Owner Trust 1998-1; FirstPlus Home Loan Owner Trust 1998-2; FirstPlus Home Loan Owner Trust 1998-3; FirstPlus Home Loan Owner Trust 1998-4; FirstPlus Home Loan Owner Trust 1998-5; German American Capital Corporation; Paine Webber Real Estate Securities, Inc.; Ace Securities Corporate Home Loan Trust 1999 A; Sovereign Bank; Real Time Resolutions, Inc.; Financial Asset Securities Corporation, Mego Mortgage Home Loan Owner Trust 1997-1; Financial Asset Securities Corporation, Mego Mortgage Home Loan Owner Trust 1997-2; Financial Asset Securities Corporation, Mego Mortgage Home Loan Owner Trust 1997-3; Financial Asset Securities Corporation, Mego Mortgage Home Loan Owner Trust 1997-4; and U.S. Bank, NA, ND, Defendants.

United States District Court, W.D. Tennessee, Western Division.

July 9, 2002.


Attorney(s) appearing for the Case

Lee J. Bloomfield, Allen, Godwin, Morris, Laurenzi & Bloomfield, P.C., Memphis, TN, A. Hoyt Rowell, III, Fred Thompson, Daniel O. Myers, Kevin L. Oufnac, Ness, Motley, Loadholt, Richardson & Poole, Mount Pleasant, SC, Eric G. Calhoun, Lawson & Fields, PC, Dallas, TX, for plaintiffs.

W.J. Michael Cody, Jonathan P. Lakey, Samuel L. Crain, Jr., Burch, Porter & Johnson, Memphis, TN, Rick Solum, Patrick J. McLaughlin, Dorsey & Whitney LLP, Minneapolis, MN, Joseph A. Ingrisano, Kutak Rock LLP, Washington, DC, Cyrus Benson, III, White & Case, LLP, New York City, Tom Black, Black, Mann & Graham, Lewisville, TX, Jeffrey S. Jacobovitz, Kutak Rock LLP, Washington, DC, Scott T. Beall, Shepherd D. Tate, Michael A. Brady, Tate, Lazarini & Beall, PLC, Memphis, TN, Sheldon Zenner, Todd L. McLawhorn, David Stagman, Katten, Muchin & Zavis, Chicago, IL, John C. Speer, Baker, Donelson, Bearman & Caldwell, Memphis, TN, Thomas L. Allen, Roy W. Arnold, Mary J. Hackett, Reed Smith LLP, Pittsburgh, PA, for defendants.

Jimmy Moore, Memphis, TN, pro se.


ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS

GIBBONS, District Judge.

On August 2, 2001, plaintiffs George Allen Mull, Teresa Ann Mull, Percy Beard, and Brenda Beard ("plaintiffs"), on behalf of themselves and all other persons similarly situated,1 initiated this action in the Circuit Court of Shelby County, Tennessee against defendants Alliance Mortgage Banking Corporation ("Alliance...

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