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O'SULLIVAN v. COUNTRYWIDE HOME LOANS, INC.

Nos. 01-21028, 01-51190.

319 F.3d 732 (2003)

Theresa O'SULLIVAN, for Herself and All Others Similarly Situated; et al., Plaintiffs, Jon Maynard, for Himself and All Others Similarly Situated; Heather Maynard, Plaintiffs-Appellees, v. COUNTRYWIDE HOME LOANS, INC., Defendant-Appellant. Sergio Ruiz, Respondent-Appellee, v. Countrywide Home Loans, Inc.; Peirson & Patterson, L.L.P., Petitioners-Appellants.

United States Court of Appeals, Fifth Circuit.

February 7, 2003.

Attorney(s) appearing for the Case

John Craig Roberson (argued), Hill & Parker, Mark A. Carrigan, Law Office of Mark A. Carrigan, Houston, TX, for Jon and Heather Maynard.

Robert T. Mowrey (argued), Cynthia Keely Timms, Thomas George Yoxall, Locke, Liddell & Sapp, Dallas, TX, John C. Englander (argued), Goodwin Procter, Boston, MA, for Countrywide Home Loans, Inc.

Olan John Boudreaux (argued), Wayne Fisher, James A. Huguenard, Fisher, Boyd, Brown, Boudreaux & Huguenard, Houston, TX, Dennis K. Drake, Law Offices of Dennis K. Drake, San Antonio, TX, for Ruiz.

Before JONES, SMITH and SILER, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

In these consolidated appeals, each district court certified a class of plaintiffs who paid mortgage preparation fees to law firms selected by defendant Countrywide Home Loans, Inc. ("Countrywide"), a mortgage broker. Plaintiffs allege that Countrywide accepted kickbacks from the law firms in violation of the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. § 2607(a)-(b), and violated the Texas Unauthorized Practice of...

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