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AVILA v. CITIMORTGAGE, INC.

No. 14-1949.

801 F.3d 777 (2015)

Daniel AVILA, on behalf of himself and all other persons similarly situated, Plaintiff-Appellant, v. CITIMORTGAGE, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 4, 2015.

Attorney(s) appearing for the Case

Sidney Jerome Levy , Attorney, S. Jerome Levy & Associates, P.C., Jonah Orlofsky , Attorney, Law Offices of Jonah Orlofsky, Chicago, IL, for Plaintiff-Appellant.

Christopher Comstock , Attorney, Lucia Nale , Attorney, Thomas V. Panoff , Attorney, Mayer Brown LLP, Chicago, IL, for Defendant-Appellee.

Before EASTERBROOK, WILLIAMS, and SYKES, Circuit Judges.

Daniel Avila alleges that CitiMortgage, Inc., violated a fiduciary duty and breached its mortgage agreement with him by using the payout from his homeowner's insurance policy to pay down his loan rather than repair his damaged house. The district court dismissed Avila's suit — a proposed class action — for failure...

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