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ROSENFIELD v. HSBC BANK, USA

No. 10-1442.

681 F.3d 1172 (2012)

Jean C. ROSENFIELD, Plaintiff-Appellant, v. HSBC BANK, USA; Stephanie Y. O'Malley, as Public Trustee for the City and County of Denver, Defendants-Appellees. Consumer Financial Protection Bureau; American Bankers Association; Consumer Bankers Association; Consumer Mortgage Coalition, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

June 11, 2012.

Attorney(s) appearing for the Case

John G. Nelson of the Law Office of John G. Nelson, Denver, CO, for Plaintiff-Appellant.

Mark C. Willis ( Kelly S. Kilgore , with him on the brief) of Kutak Rock, LLP, Denver, CO, for Defendant-Appellee HSBC Bank, USA.

Patrick A. Wheeler of the Office of the Denver City Attorney, for Defendant-Appellee Stephanie Y. O'Malley.

David M. Gossett , Assistant General Counsel, Leonard J. Kennedy , General Counsel, To-Quyen Truong , Deputy General Counsel, Rachel Rodman , Senior Counsel, and Peter G. Wilson and Kristen Bateman , Attorneys, filed an amicus brief on behalf of the Consumer Financial Protection Bureau.

Jeffrey P. Naimon , Kirk D. Jensen , and Michael R. Williams of BuckleySandler LLP filed an amicus brief on behalf of the American Bankers Association, Consumer Bankers Association, and Consumer Mortgage Coalition.

Before HOLMES, EBEL, and MATHESON, Circuit Judges.

HOLMES, Circuit Judge.

Plaintiff-Appellant Jean Rosenfield appeals from the district court's order granting a motion to dismiss filed by Defendant-Appellee HSBC Bank, USA ("HSBC"). Ms. Rosenfield brought claims seeking declaratory and injunctive relief, and damages against HSBC for alleged violations of the Truth in Lending Act ("TILA"), 15 U.S.C. §§ 1601-1667f, averring that her lender failed to make required disclosures in a residential loan refinancing...

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