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BUTLER v. BANK OF AMERICA, N.A.

No. 11-2653.

690 F.3d 959 (2012)

William B. BUTLER; Mary S. Butler, individually and as representatives for all others similarly situated, Plaintiffs-Appellants v. BANK OF AMERICA, N.A.; BAC Home Loans Servicing, L.P.; Peterson, Fram & Bergman, P.A., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 27, 2012.

Rehearing and Rehearing En Banc Denied September 24, 2012.

Attorney(s) appearing for the Case

William B. Butler , Minneapolis, MN, for appellants.

Mark G. Schroeder , Minneapolis, MN, Thomas M. Hefferon , Washington, DC, for appellees Bank of America, N.A. and BAC Home Loans Servicing, L.P.

Jared M. Goerlitz , St. Paul, MN, for appellee Peterson, Fram & Bergman, P.A.

Before RILEY, Chief Judge, BYE and MELLOY, Circuit Judges.

BYE, Circuit Judge.

Mary and William Butler ("the Butlers") brought this lawsuit in Minnesota state court challenging the foreclosure of the mortgage on their home. The complaint named as defendants Bank of America, N.A., BAC Home Loan Servicing (collectively, "the Bank Defendants"), and the law firm of Peterson, Fram, and Bergman, P.A. ("PFB"). The Bank Defendants removed the case to federal court and filed a motion to dismiss under Federal Rule of Civil Procedure...

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