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LIBERTE CAPITAL GROUP, LLC v. CAPWILL

No. 04-3101.

421 F.3d 377 (2005)

LIBERTE CAPITAL GROUP, LLC, et al., Plaintiffs, Alpha Capital Group, LLC, Plaintiff-Appellee, v. James A. CAPWILL, et al., Defendants, Janet E. Mohnkern, Intervenor-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 19, 2005.

Attorney(s) appearing for the Case

ARGUED: Charles A. Bowers, Taft, Stettinius & Hollister, Cleveland, Ohio, for Appellant. Amy A. Wuliger-Knee, Montgomery Village, Maryland, for Appellee. ON BRIEF: Charles A. Bowers, Bruce J.L. Lowe, Taft, Stettinius & Hollister, Cleveland, Ohio, C. Richard Brubaker, Patrick J. Daughety, Driggs, Lucas, Brubaker & Hogg, Willoughby Hills, Ohio, for Appellant. William T. Wuliger, Wuliger, Fadel & Beyer, Cleveland, Ohio, for Appellee.

Before: BATCHELDER and COLE, Circuit Judges; OBERDORFER, District Judge.

OPINION

OBERDORFER, District Judge.

I.

This case is one of many spawned by the so-called "viatical settlement industry." Plaintiff Liberte Capital Group, LLC ("Liberte") and Intervening-Plaintiffs Alpha Capital Management Group, LLC, and Integrity Management Partners, LLC (collectively, "Alpha") were separately engaged in managing viatical settlements. Typically, each solicited investors whose investment funds would purchase, at a discount, the...

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