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FRIEDMAN v. MARKET STREET MORTG. CORP.

No. 05-13820.

520 F.3d 1289 (2008)

Edward FRIEDMAN, Lori Friedman, Plaintiffs-Appellees, v. MARKET STREET MORTGAGE CORPORATION, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 20, 2008.

Attorney(s) appearing for the Case

Cynthia G. Swann, Weiner, Brodsky, Sidman & Kider, P.C., Washington, DC, for Defendant-Appellant.

Philip D. Parrish, Philip D. Parrish, P.A., South Miami, FL, for Plaintiffs-Appellees.

Before TJOFLAT, FAY and SILER, Circuit Judges.

TJOFLAT, Circuit Judge:

In this appeal, Market Street Mortgage Corporation ("Market Street") contends that the district court erred in certifying a class of persons represented by Edward and Lori Friedman, in which the stated common question of law is whether Market Street violated subsection 8(b) of the Real Estate Settlement Procedures Act of 1974 ("RESPA"), codified at 12 U.S.C. § 2607(b), by requiring loan borrowers to pay an escrow waiver fee for which Market...

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