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KOLBE v. BAC HOME LOANS SERVICING, LP

No. 11-2030.

738 F.3d 432 (2013)

Stanley KOLBE, Plaintiff, Appellant, v. BAC HOME LOANS SERVICING, LP, d/b/a Bank of America, N.A.; Balboa Insurance Company, Defendants, Appellees.

United States Court of Appeals, First Circuit.

September 27, 2013.

Attorney(s) appearing for the Case

Edward F. Haber , with whom Todd S. Heyman , Adam M. Stewart , Michelle H. Blauner , and Shapiro Haber & Urmy LLP were on brief, for appellant.

John C. Englander , with whom Matthew G. Lindenbaum , Dennis D'Angelo , William M. Jay , and Goodwin Procter LLP were on brief, for appellees.

Mark R. Freeman , Appellate Staff Attorney, United States Department of Justice, with whom Nancy D. Christopher , Associate General Counsel for Litigation, William C. Lane , Assistant General Counsel for Insured Housing and Community Development Litigation, Bruce S. Albright , Senior Trial Attorney, U.S. Department of Housing and Urban Affairs, Stuart F. Delery , Principal Deputy Assistant, Attorney General, Carmen M. Ortiz , United States Attorney, Michael S. Raab , Appellate Staff Attorney, United States Department of Justice, were on brief, for the United States amicus curiae.

Frank G. Burt , Denise A. Fee and Jorden Burt LLP on brief for Property Casualty Insurers Association of America's amicus curiae.

Elizabeth J. Cabraser , Kelly M. Dermody , Daniel M. Hutchinson , Lisa J. Cisneros , Lief Carbraser Heimann & Bernstein LLP, on brief for National Consumer Law Center and AARP amici curiae.

Stuart T. Rossman on brief for National Consumer Law Center amicus curiae.

Jean Constantine-Davis and AARP Foundation Litigation on brief for AARP amicus curiae.

Richard L. Neumeier , Morrison Mahoney Miller LLP, Jan T. Chilton , Michael J. Steiner and Severson & Werson PC on brief for Mortgage Bankers Association and American Financial Services Association amici curiae.

Before LYNCH, Chief Judge, TORRUELLA, LIPEZ, HOWARD, THOMPSON, and KAYATTA, Circuit Judges.

Opinion En Banc

LYNCH, Chief Judge, with whom HOWARD, Circuit Judge, and KAYATTA, Circuit Judge, join.

The judgment of dismissal entered by the district court is affirmed by an equally divided en banc court. See Savard v. Rhode Island, 338 F.3d 23, 25 (1st Cir. 2003) (en banc).

Opinions follow.

The result of the evenly divided vote of the en banc court is to affirm the district court's dismissal of...

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