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LUTTENEGGER v. CONSECO FINANCIAL CORP.

No. 02-0206.

671 N.W.2d 425 (2003)

Thomas E. LUTTENEGGER, Susan M. Luttenegger, and Jerome J. Carpenter, on Behalf of Themselves and All Persons Similarly Situated, Appellees, v. CONSECO FINANCIAL SERVICING CORPORATION, f/k/a Green Tree Financial Servicing Corporation, and Green Tree Mortgage Services, Appellants.

Supreme Court of Iowa.

November 13, 2003.

Attorney(s) appearing for the Case

Richard K. Updegraff, John D. Hunter, and Miranda L. Hughes of Brown, Winick, Graves, Gross, Baskerville and Schoenebaum, P.L.C., Des Moines, for appellants.

Mitchell Taylor of Cray, Goddard, Miller & Taylor, L.L.P., Burlington, Wood R. Foster, Jr., Jordan M. Lewis, and Ryan M. Pacyga of Siegel, Brill, Greupner, Duffy & Foster, P.A., Minneapolis, Minnesota and Richard J. Bell of Bell Law Office, Mt. Pleasant, for appellees.

LAVORATO, Chief Justice.

The defendants appeal from a district court ruling certifying the plaintiffs' suit as a class action. After initially denying the defendants' applications for interlocutory appeal concerning the district court's denial of the defendants' two motions for partial summary judgment, we granted the applications while the appeal was pending. The defendants contend the district court erred in not granting their motions for partial summary judgment...

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