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KILGORE v. KEYBANK, NAT. ASS'N

Nos. 09-16703, 10-15934.

673 F.3d 947 (2012)

Matthew C. KILGORE, individually and on behalf of all others similarly situated; William Bruce Fuller, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. KEYBANK, NATIONAL ASSOCIATION, successor in interest to KeyBank USA, N.A.; Key Education Resources, a division of KeyBank National Association; Great Lakes Education Loan Services, Inc., a Wisconsin corporation, Defendants-Appellants. Matthew C. Kilgore, individually and on behalf of all others similarly situated; William Bruce Fuller, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. KeyBank, National Association, successor in interest to KeyBank USA, N.A.; Key Education Resources, a division of KeyBank National Association; Great Lakes Education Loan Services, Inc., a Wisconsin corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 7, 2012.

Attorney(s) appearing for the Case

Andrew A. August , Pinnacle Law Group, LLP, San Francisco, CA, for the plaintiffs-appellees/appellants.

W. Scott O'Connell , Nixon Peabody LLP, Manchester, NH, for the defendants-appellants/appellees.

Mark A. Chavez , Chavez & Gertler LLP, Mill Valley, CA, for amici National Consumer Law Center, National Association of Consumer Advocates, and National Consumers League.

Gregory F. Taylor , American Bankers Association, Washington, D.C., for the amici American Bankers Association, Consumer Bankers Association, and the Clearing House Association, L.L.C.

Before: STEPHEN S. TROTT and CARLOS T. BEA, Circuit Judges, and REBECCA R. PALLMEYER, District Judge.

OPINION

TROTT, Circuit Judge:

These consolidated appeals involve the sometimes delicate and precarious dance between state law and federal law. Matthew Kilgore and William Fuller ("Plaintiffs") brought this putative class action against KeyBank, N.A., Key Education Resources, and loan servicer Great Lakes Education Loan Services, Inc. (collectively, "KeyBank"), alleging violations of California's Unfair Competition Law ("UCL"), Cal. Bus. & Prof.Code...

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