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CULPEPPER v. IRWIN MORTG. CORP.

No. 06-11105.

491 F.3d 1260 (2007)

John Robert CULPEPPER, Patricia Starnes Culpepper, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. IRWIN MORTGAGE CORPORATION, f.k.a. Inland Mortgage Corporation, Defendant-Appellee. Beatrice Hiers, individually and as a representative of a class of similarly situated persons, Plaintiff-Appellant, v. Irwin Mortgage Corporation, f.k.a. Inland Mortgage Corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 2, 2007.

Attorney(s) appearing for the Case

Richard Scott Gordon, Quinn, Gordon & Wolf, Chtd., Towson, MD, Tammy McClendon Stokes, David R. Donaldson, Donaldson, Guin & Slate, L.L.C., Birmingham, AL, for Plaintiffs-Appellants.

Mark G. Schroeder, Robert J. Pratte, Briggs & Morgan, P.A., Minneapolis, MN, Sarah Y. Larson, Maynard, Cooper & Gale, P.C., Birmingham, AL, for Defendant-Appellee.

Before BIRCH and BLACK, Circuit Judges, and PRESNELL, District Judge.

BIRCH, Circuit Judge:

The appellants, John and Patricia Culpepper and Beatrice Hiers, brought the present class action against appellee Irwin Mortgage Corporation ("Irwin"), a mortgage lender, pursuant to the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. § 2601 et. seq. The appellants alleged that Irwin's payment of yield spread premiums to mortgage brokers — in exchange for delivering interest rates above the "par rate" — violated...

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