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RMA VENTURES CALIFORNIA v. SUNAMERICA LIFE INS.

No. 08-4035.

576 F.3d 1070 (2009)

RMA VENTURES CALIFORNIA, a Utah Partnership, Plaintiff-Appellant, v. SUNAMERICA LIFE INSURANCE COMPANY and Midland Loan Services, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 11, 2009.

Attorney(s) appearing for the Case

Ronald W. Ady, Salt Lake City, UT, for Plaintiff-Appellant.

George W. Pratt (Mark D. Tolman, with him on the briefs), Jones, Waldo, Holbrook & McDonough, Salt Lake City, UT, for Defendants-Appellees.

Before LUCERO, BALDOCK, and McCONNELL, Circuit Judges.

BALDOCK, Circuit Judge.

This appeal presents us with a most unusual set of facts. Plaintiff RMA Ventures California originally filed suit against Defendants Sun America Life Insurance and Midland Loan Services for breach of contract and misrepresentation. Plaintiff alleged that Defendants failed to implement a required interest rate reduction pursuant to the parties' mortgage agreement. The district court granted summary judgment for Defendants, holding that Plaintiff...

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