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ALSTON v. COUNTRYWIDE FINANCIAL CORP.

No. 08-4334.

585 F.3d 753 (2009)

Mary ALSTON, individually and on behalf of all others similarly situated; Kevin Collier, individually and on behalf of all others similarly situated; Brad Augunas, individually and on behalf of all others similarly situated v. COUNTRYWIDE FINANCIAL CORPORATION; Countrywide Home Loans, Inc.; Balboa Reinsurance Company. Mary Alston; Kevin Collier; Brad Augunas, Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed: October 28, 2009.

Attorney(s) appearing for the Case

Edward W. Ciolko, Esq., (Argued), Joseph H. Meltzer, Esq., Donna S. Moffa, Esq., Terence S. Ziegler, Esq., Barroway, Topaz, Kessler, Meltzer & Check, Radnor, PA, Eric G. Calhoun, Esq., Travis & Calhoun, Dallas, TX, for Appellants.

Christine N. Kohl, Esq. (Argued), Michael J. Singer, Esq., United States Department of Justice, Civil Division, Washington, DC, for USA-Intervenor.

David L. Permut, Esq. (Argued), Thomas Hefferon, Esq., Sallie F. Pullman, Esq., Goodwin Procter, Washington, DC, Martin C. Bryce, Jr., Esq., Ballard, Spahr, Andrews & Ingersoll, Philadelphia, PA, for Appellees.

Before: BARRY, FISHER and JORDAN, Circuit Judges.

OPINION OF THE COURT

BARRY, Circuit Judge.

This putative class action was brought by homebuyers who sought to recover statutory treble damages pursuant to section 8(d)(2) of the Real Estate Settlement Procedures Act of 1974 ("RESPA"), codified at 12 U.S.C. § 2607(d)(2). Plaintiffs alleged that their private mortgage insurance premiums were channeled into an unlawful "captive reinsurance arrangement" — essentially, a kickback scheme — operated...

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