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MITCHELL v. BENEFICIAL LOAN & THRIFT CO.

No. 05-3068.

463 F.3d 793 (2006)

Ty S. MITCHELL; Kimberly S. Mitchell, Plaintiffs-Appellants, Christopher Mauer; Mary Jo Mauer; James L. Engstrom; Kathleen P. Engstrom, Plaintiffs, v. BENEFICIAL LOAN & THRIFT COMPANY, Defendant-Appellee, Household Industrial Finance Company, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: September 6, 2006.

Attorney(s) appearing for the Case

Eric L. Crandall, New Richmond, Wisconsin (Thomas J. Lyons, Sr., on the brief), for appellant.

Chad A. Snyder, Minneapolis, Minnesota, for appellee.

Before MURPHY, BEAM, and BENTON, Circuit Judges.

PER CURIAM.

The district court1 granted summary judgment to Beneficial Loan & Thrift Company. Ty S. Mitchell and Kimberly S. Mitchell appealed the issue whether a loan transaction is subject to the Home Ownership and Equity Protection Act (HOEPA). This court affirmed on June 21, 2006. The Mitchells petitioned for rehearing, arguing that some amounts financed were not disbursed, making them "points and fees" under HOEPA. This court...

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