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DM RESIDENTIAL FUND II, LLC v. FIRST TENNESSEE BANK

No. 13-56309.

813 F.3d 876 (2015)

DM RESIDENTIAL FUND II, LLC, Plaintiff-Appellant, v. FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 30, 2015.

Attorney(s) appearing for the Case

Harris L. Cohen , (argued) Harris L. Cohen , A Professional Corporation, Encino, CA; Elkanah J. Burns , Alan D. Wilner , A Professional Corporation, Burbank, CA, for Plaintiff-Appellant.

Keith A. Attlesey (argued) and Suzanne S. Storm , Attlesey Storm, LLP, Tustin, CA, for Defendant-Appellee.

Opinion by Judge IKUTA; Dissent by Judge KOZINSKI.

OPINION

DM Residential Fund II, LLC, (DM) appeals the district court's grant of summary judgment in favor of First Tennessee Bank National Association (FTB). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

FTB initiated a nonjudicial foreclosure on residential real property and sold the property...

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