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YEATMAN v. D.R. HORTON, INC.

No. 08-12929.

577 F.3d 1329 (2009)

John R. YEATMAN, individually and on behalf of all similarly situated individuals, Eleanor E. Yeatman, individually and on behalf of all similarly situated individuals, Plaintiffs-Appellants, v. D.R. HORTON, INC., DHI Mortgage Co., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 3, 2009.

Attorney(s) appearing for the Case

Gary F. Lynch, Carlson Lynch, Ltd., New Castle, PA, for Plaintiffs-Appellants.

David M. Souders, Mitchel H. Kider, Weiner, Brodsky, Sidman & Kider, P.C., Washington, DC, for Defendants-Appellees.

Before DUBINA, Chief Judge, TJOFLAT, Circuit Judge, and WALTER, District Judge.

PER CURIAM:

Appellants John Yeatman and Eleanor Yeatman, individually and on behalf of all similarly situated individuals, appeal the grant by the district court of the appellees', D.R. Horton, Inc. ("DRHI") and DHI Mortgage Co., Ltd. ("DHIM"), Rule 12(b)(6) motion to dismiss the Yeatmans' complaint with prejudice. In 2006, the Yeatmans agreed to purchase a home from DRHI, using mortgage financing provided by DRHI's affiliate, DHIM.

The purchase agreement...

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