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DUTCHER v. MATHESON

No. 12-4150.

733 F.3d 980 (2013)

Richard DUTCHER; Gwen Dutcher; Richard Ferguson; Michelle Ferguson; Catherine Richards Ahlers, on their own behalf and on behalf of a class of similarly situated persons, Plaintiffs-Appellants, v. Stuart T. MATHESON; Matheson, Mortensen, Olsen & Jeppson, P.C.; ReconTrust Company, N.A.; BAC Home Loans Servicing, LP; Bank of America, N.A., Defendants-Appellees. State of Utah; Office of Comptroller Of The Currency, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

August 13, 2013.

Attorney(s) appearing for the Case

Marcus R. Mumford of Mumford Rawson LLC, Salt Lake City, UT, for Plaintiff-Appellants.

Amy Miller of McGuireWoods, LLP, Washington, D.C., ( Brian Emory Pumphrey of McGuireWoods LLP, Richmond, VA, and Craig Robert Mariger of Jones Waldo Holbrook & McDonough, PC, Salt Lake City, UT, with her on the briefs), for Defendants-Appellees.

Thom D. Roberts , ( Mark L. Shurtleff with him on the brief), Salt Lake City, UT, for Amicus Curiae, State of Utah.

Amy S. Friend , Chief Counsel; Daniel P. Stipano , Deputy Chief Counsel; Horace G. Sneed and Douglas B. Jordan , Attorneys, Office of the Comptroller of the Currency, Washington, D.C., filed an Amicus Curiae brief for the Office of the Comptroller of the Currency.

Before BRISCOE, Chief Judge, SEYMOUR and BACHARACH, Circuit Judges.

BRISCOE, Chief Judge.

Although this case presents significant questions regarding the interaction of federal banking and state foreclosure laws, our focus is upon a more fundamental question: whether the district court even had jurisdiction to consider the issues raised. Plaintiffs1 filed a class-action lawsuit in state court, alleging that the defendants2 — including ReconTrust, a Texas-based national...

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