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SOWELL v. U.S. BANK TRUST NAT. ASS'N

No. 4:04-CV-61-H2.

317 B.R. 319 (2004)

Tony William SOWELL, Plaintiff, v. U.S. BANK TRUST NATIONAL ASSCIATION, as Trustee for Conseco Finance Home Equity Loan Trust 2001-D, Defendant.

United States District Court, E.D. North Carolina, Eastern Division.

November 3, 2004.

Attorney(s) appearing for the Case

Maria D. Mclntyre, Financial Protection Law Center, Mallam J. Maynard, Wilmington, NC, Chandra T. Taylor, Financial Protection Law Center, Durham, NC, for plaintiff.

Heather Howell Wright, Smith Moore LLP, Greensboro, NC, Ronald R. Rogers, Maupin, Taylor & Ellis, Raleigh, NC, for defendants.

ORDER

HOWARD, District Judge.

This matter is before the court on defendant1 U.S. Bank Trust's motion to dismiss for failure to state a claim and plaintiffs motion to remand the case to the General Court of Justice, Superior Court Division, Pitt County, North Carolina. Defendant has responded to the motion to remand, and plaintiff has replied, including a Notice of Subsequently Decided Authority. Plaintiffs time to respond to...

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