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IN RE OPARAJI

No. 11-20871.

698 F.3d 231 (2012)

In the Matter of Titus Chinedu OPARAJI, Debtor. Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Incorporated, as servicing agent for Deutsche Bank National Trust, Appellant, v. Titus Chinedu Oparaji, Appellee.

United States Court of Appeals, Fifth Circuit.

October 5, 2012.

Attorney(s) appearing for the Case

George A. Kurisky, Jr. , Daniel J. Kasprzak , Jeffrey Bryan Lawson , Branch Masterson Sheppard (argued), Johnson, Deluca, Kurisky & Gould, P.C., Houston, TX, for Appellant.

William D. Weber (argued), Weber Law Firm, P.C., Houston, TX, for Appellee.

Before REAVLEY, SMITH and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Appellant Wells Fargo Bank, N.A. appeals the District Court's Amended Order granting Appellee Titus Oparaji's motion for summary judgment on the theory of judicial estoppel. For the reasons explained below, we find that judicial estoppel is not warranted. We REVERSE and REMAND for proceedings consistent with this opinion.

I. FACTUAL AND PROCEDURAL BACKGROUND

On July 31, 2002, Titus Chinedu Oparaji ("Debtor") executed...

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