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HANCOCK v. BANK OF AMERICA

Civil Action No. 3:03CV-78-S.

272 F.Supp.2d 608 (2003)

James R. HANCOCK, et al., Plaintiffs, v. BANK OF AMERICA, Defendant.

United States District Court, W.D. Kentucky.

July 15, 2003.

Attorney(s) appearing for the Case

M. Scott Barrett, Dennis T. Trainor, Barrett & Associates, Chicago, IL, Donn H. Wray, Stewart & Irwin, Indianapolis, IN, Leland L. Greene, Mineola, NY, Irvin D. Foley, David W. Gray, Foley, Bryant & Holloway, Louisville, KY, for plaintiffs.

Charles M. Pritchett, Jr., Frost Brown Todd LLC, Louisville, KY, Anthony Rollo, Stephen Rider, McGlinchey Stafford, PPLC, New Orleans, LA, Jeffrey Seewald, McGlinchey Stafford, PLLC, Houston, TX, for defendant.

MEMORANDUM OPINION

SIMPSON, District Judge.

This matter is before the court on motion of the plaintiffs, James R. Hancock, et al., to remand this action to the Jefferson County, Kentucky, Circuit Court. This is a proposed class action lawsuit challenging Bank of America's policy of charging a fax fee for faxing a loan payoff statement for mortgage loans it has serviced. The complaint alleges that the fee violates the provisions of the mortgage agreement...

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