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FOLEY v. WELLS FARGO BANK, N.A.

No. 13-2527.

772 F.3d 63 (2014)

Jonathan FOLEY, Plaintiff, Appellant, v. WELLS FARGO BANK, N.A., Defendant, Appellee.

United States Court of Appeals, First Circuit.

November 14, 2014.

Attorney(s) appearing for the Case

Valeriano Diviacchi for appellant.

David M. Bizar , with whom Seyfarth Shaw LLP was on brief, for appellee.

Before TORRUELLA, DYK, and THOMPSON, Circuit Judges.

THOMPSON, Circuit Judge.

Jonathan Foley sued Wells Fargo, N.A. ("Wells Fargo") for failing to consider him for a mortgage loan modification, which a class action settlement agreement required the bank to do before attempting to foreclose on Foley's home. The district court dismissed the four-count complaint, and Foley appeals the dismissal of three counts, arising under state common and statutory law, on various grounds.1 Wells Fargo insists...

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