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CHARTER ONE MORTG. CORP. v. CONDRA

No. 49A05-0501-CV-30.

847 N.E.2d 207 (2006)

CHARTER ONE MORTGAGE CORPORATION, Appellant-Defendant, v. Kyle CONDRA, on behalf of himself and others similarly situated, Appellee-Plaintiff.

Court of Appeals of Indiana.

May 12, 2006.

Attorney(s) appearing for the Case

David C. Campbell, Karl L. Mulvaney, Bingham McHale LLP, Indianapolis, IN, David P. Sanders, Michael T. Brody, Pro Hac Vice, Jenner & Block LLP, Chicago, IL, Elizabeth G. Porter, Pro Hac Vice, Jenner & Block LLP, Washington, D.C., Attorneys for Appellant.

Irwin B. Levin, Richard E. Shevitz, Scott D. Gilchrist, Eric S. Pavlack, Cohen & Malad, LLP, Indianapolis, IN, Attorneys for Appellee.

Susan W. Brooks, United States Attorney, Shelese Woods, Assistant United States Attorney, Office of the United States Attorney, Southern District of Indiana, Indianapolis, IN, Yvette Rivera, Ernest C. Barrett, III, Pro Hac Vice, Office of the Comptroller of the Currency, Washington, D.C., Attorneys for Amicus Curiae Office of the Comptroller of the Currency.

OPINION

BAILEY, Judge.

Case Summary

Appellant-Defendant Charter One Mortgage Corporation ("Charter One") appeals the trial court's denial of its motion to dismiss the class action complaint filed by Appellees-Plaintiffs Kyle Condra and "others similarly situated" (collectively referred to as "Condra").1 We affirm.2

Issue

Charter One raises one issue that we restate as whether...

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