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RUIVO v. WELLS FARGO BANK, N.A.

No. 13-1222.

766 F.3d 87 (2014)

Linda M. RUIVO, Plaintiff, Appellant, v. WELLS FARGO BANK, N.A., a/k/a Wachovia Mortgage, Division of Wells Fargo Bank, N.A., f/k/a Wachovia Mortgage, FSB, f/k/a World Savings Bank, FSB, Defendant, Appellee.

United States Court of Appeals, First Circuit.

September 8, 2014.

Attorney(s) appearing for the Case

David H. Bownes , with whom Law Office of David H. Bownes, P.C. was on brief, for appellant.

David M. Bizar , with whom Kiran A. Seldon and Seyfarth Shaw LLP were on brief, for appellee.

Before HOWARD, STAHL and LIPEZ, Circuit Judges.

LIPEZ, Circuit Judge.

Linda Ruivo appeals the district court's dismissal of counts one and five of her First Amended Complaint. Ruivo argues that count one, captioned "N.H.R.S.A. 397-A:2(VI)," adequately pleaded a state common law claim of fraud, and that count five sufficiently pleaded, consistent with its caption, a promissory estoppel claim. Agreeing with the district court that both claims were inadequately pleaded, we affirm the district court's dismissal.

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