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BROWN v. MORTGAGESTAR, INC.

No. CIV.A. 2:02-0041.

194 F.Supp.2d 473 (2002)

Chester BROWN and Melanie Brown, Plaintiffs, v. MORTGAGESTAR, INC., Alliance Funding, Superior Bank FSB, and Fairbanks Capital Corp., Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

April 4, 2002.

Attorney(s) appearing for the Case

Daniel F. Hedges, Esq., Charleston, for Plaintiffs.

Kenneth E. Webb, Esq., Bowles Rice McDavid Graff & Love, Charleston, Donald A. Rea, Esq., Alison E. Goldenberg, Esq., Gordon, Feinblatt, Rothman, Hoffberger & Hollander, Baltimore, MD, for Defendant MortgageStar.

William W. Booker, Esq., John R. McGhee, Jr., Esq., Kay, Casto & Chaney, Charleston, David M. Souders, Esq., Cynthia G. Swann, Esq., Weiner Brodsky Sidman Kider, Washington, DC, for Defendant Fairbanks.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are the motions of Defendant MortgageStar, Inc. (MortgageStar) for partial dismissal or, alternatively, for partial summary judgment and Fairbanks Capital Corp. (Fairbanks) to dismiss. For reasons discussed below, MortgageStar's motions are GRANTED in part and DENIED in part; Fairbanks' motion is DENIED.

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