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SMITH v. JENKINS

Nos. 11-2349, 11-2378, 11-2389.

732 F.3d 51 (2013)

Robert SMITH, Plaintiff, Appellee/Cross-Appellant, Maria Dasilva, Plaintiff, v. Dorchester Real Estate, Inc.; New England Merchants Corp., Defendants, Appellants/Cross-Appellees, Dwight JENKINS; Louis G. Bertucci; Robert E. Kelley; RKelley-Law, P.C.; EB Real Estate Group, Inc., d/b/a RE/MAX Real Estate Specialists; Union Capital Mortgage Business Trust; Signature Group Holdings, Inc., f/k/a Fremont Investment & Loan, a/k/a Fremont Reorganization Corporation, Defendants, Cross-Appellees, Cherry Jenkins; Dorea Smith; Mid City Mortgage, LLC; Meritage Mortgage Corporation, Defendants.

United States Court of Appeals, First Circuit.

October 15, 2013.

Attorney(s) appearing for the Case

Michael J. Markoff , on brief for New England Merchants Corp.

Thomas K. McCraw, Jr. , with whom Jay S. Gregory and LeClairRyan, A Professional Corporation, were on brief, for Dorchester Real Estate, Inc.

James F. McLaughlin , with whom McLaughlin & McLaughlin, P.C. was on brief, for RKelley-Law, P.C. and Robert E. Kelley.

Jeffrey S. Baker , with whom Baker & Associates., P.C., Jonathan D. Plaut , Chardon Law Offices, Patrick M. Groulx and Polis Legal, were on brief, for appellee/cross-appellant.

Before HOWARD, STAHL and THOMPSON, Circuit Judges.

HOWARD, Circuit Judge.

This case arises out of a fraudulent real estate mortgage scheme that involved inducing a schizophrenic trash collector into acting as a straw buyer for two overvalued residential properties in Massachusetts. That person, Robert Smith, sued various entities and individuals involved in the transactions, including the mortgage lenders, mortgage brokers, real estate brokers, and closing agents. A jury returned a verdict largely favorable to Smith...

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