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PELT v. U.S. BANK TRUST NATIONAL ASSOCIATION

No. 03-10206.

359 F.3d 764 (2004)

John Henry PELT; Janice Pelt, Plaintiffs-Counter Defendants-Appellants, v. U.S. BANK TRUST NATIONAL ASSOCIATION, formerly known as First Trust Bank National Association, as Trustee under the Pooling and Service Agreement, New Century Home Equity Loan Trust, Series 1998-NC7, Defendant-Counter Claimant-Appellee, New Century Mortgage Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed February 9, 2004.

Attorney(s) appearing for the Case

Bruce Everett Priddy (argued), Bennett, Weston & LaJone, Dallas, TX, for John and Janice Pelt.

Brian T. Morris (argued), Tanya D. Henderson, Winstead, Sechrest & Minick, Dallas, TX, for U.S. Bank Trust Nat. Ass'n and New Century Mtg. Corp.

Before KING, Chief Judge, and JONES and SMITH, Circuit Judges.

KING, Chief Judge:

Plaintiffs-Appellants John Pelt and Janice Pelt filed suit against Defendants-Appellees U.S. Bank Trust National Association ("U.S. Bank Trust") and New Century Mortgage Corporation ("New Century") seeking, inter alia, a declaration that Defendants had violated various provisions of the Texas Constitution in connection with the origination of Plaintiffs' home equity loan. U.S. Bank Trust filed a counterclaim, seeking an order both upholding...

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