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McCAULEY v. HOME LOAN INV. BANK, F.S.B.

No. 12-1181.

710 F.3d 551 (2013)

Charlotte M. McCAULEY, Plaintiff-Appellant, v. HOME LOAN INVESTMENT BANK, F.S.B.; Deutsche Bank National Trust Company, Defendants-Appellees. National Association of Consumer Advocates; National Consumer Law Center; Public Citizen, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 25, 2013.

Attorney(s) appearing for the Case

ARGUED: Bren Joseph Pomponio , Mountain State Justice, Charleston, West Virginia, for Appellant. R. Terrance Rodgers , Kay Casto & Chaney PLLC, Charleston, West Virginia, for Appellees. ON BRIEF: Daniel F. Hedges , Mountain State Justice, Charleston, West Virginia, for Appellant. John W. Barrett , Patricia M. Kipnis , Bailey & Glasser LLP, Charleston, West Virginia, for Amici Supporting Appellant.

Affirmed in part, reversed in part, and remanded by published opinion. Judge DUNCAN wrote the opinion, in which Judge WYNN and Judge FLOYD joined.

OPINION

DUNCAN, Circuit Judge:

This appeal arises from the district court's dismissal of Charlotte McCauley's complaint against Home Loan Investment Bank, F.S.B. ("Home Loan") and Deutsche Bank National Trust Company ("Deutsche Bank"), alleging state law claims based on a mortgage contract. The district court determined that McCauley's claims were preempted by the Home Owners' Loan Act ("HOLA"), 12 U.S.C....

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