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CERDA v. 2004-EQR1 L.L.C.

No. 09-50619.

612 F.3d 781 (2010)

Manuel B. CERDA; Petra G. Cerda, Plaintiffs-Appellants, v. 2004-EQR1 L.L.C.; Barclays Capital Real Estate, Inc., doing business as HomEq Servicing, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 22, 2010.

Attorney(s) appearing for the Case

Charles Darby Riley (argued), Riley & Riley, San Antonio, TX, for Plaintiffs-Appellants.

Robert Lee Horn (argued), Mann & Stevens, P.C., Houston, TX, for Defendants-Appellees.

Before JONES, Chief Judge, and KING and HAYNES, Circuit Judges.

KING, Circuit Judge:

Manuel and Petra Cerda appeal from the district court's judgment rejecting their claims that aspects of their home equity loan violated the Texas Constitution. We agree with the district court that the Cerdas have failed to show a violation of the Texas Constitution, and we affirm.

I. BACKGROUND

In 1993, Manuel and Petra Cerda purchased an unimproved five-acre lot in San Antonio, Texas...

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