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McCARTHY v. OPTION ONE MORTG. CORP.

No. 03-3474.

362 F.3d 1008 (2004)

Thomas W. McCARTHY, Plaintiff-Appellant, v. OPTION ONE MORTGAGE CORPORATION and BNC Mortgage, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 6, 2004.

As Amended May 7, 2004.

Attorney(s) appearing for the Case

Christopher V. Langone (argued), Chicago, IL, for Plaintiff-Appellant.

Richard A. Wohlleber, Stephen T. Sipe (argued), Chapman & Cutler, Chicago, IL, for Defendants-Appellees.

Before FLAUM, Chief Judge, and BAUER and MANION, Circuit Judges.

FLAUM, Chief Judge.

Plaintiff Thomas McCarthy sued BNC Mortgage, Inc. ("BNC"), his former mortgage lender, and BNC's servicer, Option One Mortgage Corporation ("Option One"), alleging that they violated the Illinois Interest Act, 815 ILCS 205/4, et seq., by assessing him a prepayment penalty when he paid off his mortgage early. The district court denied McCarthy's motion for summary judgment and granted summary judgment to the defendants on the basis that the...

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