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IN RE RHINESMITH

Bankruptcy No. 10-51912-C. Adversary No. 10-5125.

450 B.R. 630 (2011)

In re Michael J. RHINESMITH & Colleen K. Rhinesmith, Debtors. Randolph N. Osherow, as Trustee for the Bankruptcy Estate of Michael J. Rhinesmith and Colleen K. Rhinesmith, and on behalf of all others similarly situated, Plaintiff v. Wells Fargo Home Mortgage, Inc., Defendant.

United States Bankruptcy Court, W.D. Texas, San Antonio Division.

March 22, 2011.

Attorney(s) appearing for the Case

Benjamin R. Bingham , Bingham & Lea, PC, San Antonio, TX, for Plaintiff.

Thomas Rice , Cox Smith Matthews Incorporated, San Antonio, TX, for Defendant.

DECISION AND ORDER ON MOTION TO DISMISS

LEIF M. CLARK, Bankruptcy Judge.

Came on for consideration the motion of defendant to dismiss for failure to state a claim, for lack of personal jurisdiction and for lack of subject matter jurisdiction. Other issues are also raised in the motion. For the reasons set out herein, the court rules that the motion to dismiss for lack of subject matter jurisdiction—to wit, standing

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