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RAND CORP. v. YER SONG MOUA

No. 07-2544.

559 F.3d 842 (2009)

RAND CORPORATION, Plaintiff-Appellee, v. YER SONG MOUA; Manisy Moua; John Doe; Mary Row, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: March 20, 2009.

Attorney(s) appearing for the Case

Nina F. Simon, argued, Washington, DC, Kathleen Keest, Melissa Briggs, Daniel Mosteller, Washington, DC, John M. Tancable, St. Paul, MN, on the brief, for appellant.

Eric D. Cook, argued, Christina M. Weber, on the brief, Woodbury, MN, for appellee.

Before BYE, SMITH, and COLLOTON, Circuit Judges.

BYE, Circuit Judge.

This appeal involves a dispute between a lender, Rand Corporation, and two borrowers, Yer Song Moua and Manisy Moua, over the right to rescind a loan secured by a mortgage on their home. The core issue is whether the Mouas had a three-year — rather than three-day — period in which to rescind the transaction. They contend the normal three-day rescission period was extended to three years by Rand's 1) failure to make material disclosures...

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