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CASA ORLANDO APTS. v. FEDERAL NAT. MORTG. ASS'N

No. 09-40997.

624 F.3d 185 (2010)

CASA ORLANDO APARTMENTS, LTD., Relating to Pine Haven Apartments; Jasper Housing Development Company, Relating to Pine View Apartments; Alfred Porkolab, Jean J. Porkolab; Alan B. Porkolab, as Trustee for the Porkolab Family Trust No. 1, Relating to Lowell Apartments, Lorain, Ohio, Plaintiffs-Appellants, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 14, 2010.

Attorney(s) appearing for the Case

W. Mark Lanier , Kevin Philip Parker , Lanier Law Firm, P.C., Houston, TX, Nicholas H. Patton , Patton, Tidwell & Schroeder, L.L.P., Texarkana, TX, David Charles Frederick (argued), Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, DC, Brendan M. Hare , Andrews, Hare & Associates, Boston, MA, Roderick M. Hills , Washington, DC, Joseph S. Hoover, Jr. , Oakton, VA, Evan Matthew Janush , Lanier Firm, P.L.L.C., New York, NY, for Plaintiffs-Appellants.

Lance Lee , Damon Michael Young, Sr. , Young, Pickett & Lee, Texarkana, TX, Joseph H. Beisner , Skadden, Arps, Slate, Meagher & Flom, L.L.P., Brian P. Brooks (argued), Sarah Alexander Goldfrank , Kyra Anne Grundeman , O'Melveny & Myers, L.L.P., Washington, DC, for Defendant-Appellee.

Before KING, HIGGINBOTHAM and GARZA, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This is an interlocutory appeal from the district court's refusal to certify a class. Plaintiff Appellants are mortgagors whose mortgages for low-income multi-family housing were held or serviced by the Federal National Mortgage Association ("Fannie Mae") and insured by the Department of Housing and Urban Development ("HUD"). Plaintiffs sued Fannie Mae on behalf of themselves and those similarly situated for breach of fiduciary...

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