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ABEL v. KEYBANK USA, N.A.

No. 03 CV 524.

313 F.Supp.2d 720 (2004)

Shannon M. ABEL, individually, and on behalf of those similarly situated, et al., Plaintiffs, v. KEYBANK USA, N.A., et al., Defendants.

United States District Court, N.D. Ohio, Eastern Division.

March 4, 2004.

Attorney(s) appearing for the Case

Christopher C. Casper, James, Hoyer, Newcomer & Smiljanich, J. Daniel Clark, Scott Charlton, Clark, Charlton & Martino, Tampa, FL, Edgar C. Gentle, III, Mary Frances Fallaw, Gentle, Pickens, Eliason & Turner, Birmingham, AL, Ronald L. Burdge, Burdge Law Office, Dayton, OH, for Plaintiffs.

Brian J. Lamb, Jennifer Mingus Mountcastle, Thompson Hine, Cleveland, OH, C. Lee Reeves, Christopher A. Bottcher, Sirote & Permutt, Birmingham, AL, Courtney Worcester, Nixon Peabody, Manchester, NH, W. Scott O'Connell, Nixon Peabody, Boston, MA, for Defendants.

Memorandum of Opinion and Order

GAUGHAN, District Judge.

INTRODUCTION

This matter is before the Court upon Defendants' Partial Motion to Dismiss Plaintiffs' Second Amended and Consolidated Complaint (Doc. 45). This case arises out of loan documents issued by defendant Key Bank in connection with plaintiffs' student loans. For the reasons that follow, defendants' Motion is GRANTED.

FACTS

Plaintiffs, Shannon...

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