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SCHMITT v. FMA ALLIANCE

No. 03-4057.

398 F.3d 995 (2005)

Paul J. SCHMITT, Plaintiff-Appellant, v. FMA ALLIANCE, doing business as FMA Alliance, Ltd.; FMA Alliance, Limited Partnership; FMA Alliance, L.P., a State of Texas Limited Partnership, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 9, 2005.

Attorney(s) appearing for the Case

William C. Michelson, argued, Minneapolis, MN, for appellant.

Christopher R. Morris, argued, Minneapolis, MN (Michael A. Klutho, Minneapolis, MN, on the brief), for appellee.

Before MURPHY, LAY, and MELLOY, Circuit Judges.

PER CURIAM.

Paul J. Schmitt incurred a debt to First Bank U.S.A. ("First Bank"). He failed to pay the debt and he retained an attorney named William Michelson. Michelson informed First Bank that he represented Schmitt on January 10, 2001, and again on April 5, 2001. In both notices, Michelson advised First Bank that Schmitt was unable to pay the debt, that Schmitt was advised of his Chapter 7 bankruptcy rights, and that First Bank should advise its collection agency...

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