MIGUEL v. COUNTRY FUNDING CORP.

Nos. 00-17338, 00-17339.

309 F.3d 1161 (2002)

Estrellita G. MIGUEL, Plaintiff-Appellant, Gary Victor Dubin, Real-Party-In-Interest-Appellant, v. COUNTRY FUNDING CORP, Defendant, and The Bank of New York Trustee, under the Pooling & Servicing Agreement Series 1995 B; Alliance Bancorp, a corporation, Defendants-Appellees. Estrellita G. Miguel, Plaintiff-Appellee, v. Country Funding Corp, Defendant, and The Bank of New York Trustee, under the Pooling & Servicing Agreement Series 1995 B, Defendant-Appellant, Gary Victor Dubin, Real-Party-In-Interest-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 4, 2002.

As Amended on Denial of Rehearing December 23, 2002.


Attorney(s) appearing for the Case

Gary Victor Dubin, Dubin Law Offices, Honolulu, HI, for the plaintiff-appellant/appellee and the real-party-in-interest-appellant/appellee.

Dane L. Miller and Donna H. Kalama, Miller & Sur, Honolulu, HI, for the defendants-appellees/appellants.

Philip J. Leas, Cades Schutte Fleming & Wright, Honolulu, HI, for the defendant/appellee.

Before: WALLACE, TASHIMA and TALLMAN, Circuit Judges.


WALLACE, Senior Circuit Judge.

Estrellita G. Miguel (Miguel) brought an action under the Truth-in-Lending Act (Act) seeking to dissolve a $520,000 mortgage on her residence. Miguel appeals from the amended judgment of the district court, arguing (1) the district court should not have dismissed defendant Alliance Bancorp (Alliance) on the ground that Alliance had not been properly served with a Truth-in-Lending Act rescission notice; (2) the district court erred in...

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