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THOMAS v. U.S. BANK NAT. ASS'N ND

No. 08-3302.

575 F.3d 794 (2009)

Deanthony THOMAS; Susan Jelinke-Thomas; Steven M. Rich, Appellants, v. US BANK NATIONAL ASSOCIATION ND; Ace Securities Corp. Home Loan Trust 1999-A Asset Backed Notes, Series 1999-AA; U.S. Bank N.A.; Wilmington Trust Company; FirstPlus Home Loan Owner Trust 1996-2; FirstPlus Home Loan Owner Trust 1996-3; FirstPlus Home Loan Owner Trust 1996-4; FirstPlus Home Loan Owner Trust 1997-1; FirstPlus Home Loan Owner Trust 1997-2; FirstPlus Home Loan Owner Trust 1997-3; FirstPlus Home Loan Owner Trust 1997-4; FirstPlus Home Loan Owner Trust 1998-1; FirstPlus Home Loan Owner Trust 1998-2; FirstPlus Home Loan Owner Trust 1998-3; FirstPlus Home Loan Owner Trust 1998-4; FirstPlus Home Loan Owner Trust 1998-5; The Associates; CIT Group; Contimortgage Corporation; Goleta National Bank; Master Financial; Norwest Home Improvement, Inc.; PSB Lending; Residential Funding Corporation; Household Finance Corporation; Challenge Realty; German American Capital Corporation; Sovereign Bank; Pain Webber Real Estate Securities Inc.; UBS Real Estate Securities, Inc.; Countrywide Home Loans, Inc.; Banc One Financial Services Inc.; Federal Deposit Insurance Corporation, as Receiver of PFF Bank; Western Interstate Bancorp, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 7, 2009.

Attorney(s) appearing for the Case

Roy Frederick Walters, Kansas City, MO, argued, (Kip Dudley Richards, Robert Keith Johnston, J. Michael Vaughan, DAvid M. Skeens, on the brief), for appellant.

David J. Bird, Pittsburgh, PA, argued, Mark A. Olthoff, Kansas City, MO, argued, (Louis Francis Bonacorsi, Geoffery Gerald Gerber, St. Louis, MO, William Edward Quirk, Scott Martin, Leslie A. Greathouse, Gregory Thomas Wolf, Daniel L. McClain, Randolph Glenn Willis, Jennifer A. Donnelli, Michael S. Hargens, David A. Schatz, J. Loyd Gattis, III, Miriam C. Bailey, Lynn S. McCreary, Todd W. Ruskamp, Kansas City, MO, Roy W. Arnold, Thomas L. Allen, Pittsburgh, PA, Michael J. Cereseto, Los Angeles, CA, Paul R. Dieseth, Minneapolis, MN, Thomas M. Hefferon, Washington, DC, on the briefs), for appellees.

Before MURPHY, HANSEN, and BYE, Circuit Judges.

BYE, Circuit Judge.

Deanthony Thomas, Susan Jelinke-Thomas, and Steven M. Rich (collectively Thomas) brought claims in Missouri state court against a number of banks and lending institutions (collectively the lenders) alleging violations of the Missouri Second Mortgage Loans Act (MSMLA), Mo.Rev. Stat. §§ 408.231-.241, arising out of loans originated by FirstPlus Bank (a California lending institution which is now...

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