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GALE v. FIRST FRANKLIN LOAN SERVICES

No. 09-16498.

701 F.3d 1240 (2012)

Richard S. GALE, Plaintiff-Appellant, v. FIRST FRANKLIN LOAN SERVICES, subsidiary of First Franklin Financial Corporation; First Franklin Financial Corporation; Mortgage Electronic Registration Systems, Inc.; Cal-Western Reconveyance Corporation; LaSalle Bank National Association, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 12, 2012.

Amended August 31, 2012.

Attorney(s) appearing for the Case

Michael Rubin , Jennifer Sung , Altshuler Berzon LLP, San Francisco, CA, for the plaintiff-appellant.

Peter Dunkley , Wolfe & Wyman LLP, Las Vegas, NV, for defendants-appellees.

Before: SIDNEY R. THOMAS, M. MARGARET McKEOWN, and WILLIAM A. FLETCHER, Circuit Judges.

ORDER

The opinion filed on July 12, 2012, slip op. 8053, 2012 WL 2855811, is amended as follows:

At slip op. 8061, at the end of the first full paragraph; 2012 WL 2855811, at *4, at the end of the first full paragraph, insert the following text:

Unable to rely squarely on § 1641, Gale leans upon another section of the statute for support, § 1640(a). At the time Gale's action accrued, this subsection, in relevant part, read, "any creditor...

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