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DUTCHER v. MATHESON

No. 14-4085.

840 F.3d 1183 (2016)

Richard DUTCHER; Gwen Dutcher; Richard Ferguson; Michelle Ferguson; Catherine Richards Ahlers, on their own behalf and on behalf of a class of similarly situated persons, Plaintiffs-Appellants, v. Stuart T. MATHESON; Matheson, Mortensen, Olsen & Jeppson, P.C.; ReconTrust Company, N.A.; B.A.C. Home Loans Servicing, LP; Bank of America, N.A., Defendants-Appellees. State of Utah, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

November 2, 2016.

Attorney(s) appearing for the Case

Marcus R. Mumford , Mumford PC, Salt Lake City, Utah, for Plaintiffs-Appellants.

Amy Miller , McGuireWoods LLP, Washington, D.C. ( Brian Emory Pumphrey , McGuireWoods LLP, Richmond, Virginia, and Craig Robert Mariger , Jones Waldo Holbrook & McDonough, PC, Salt Lake City, Utah, with her on the brief), for Defendants-Appellees.

Thom D. Roberts , Assistant Utah Attorney General ( Sean D. Reyes , Attorney General, with him on the brief), Salt Lake City, Utah, for Amicus Curiae.

Before LUCERO, HARTZ, and HOLMES, Circuit Judges.

Richard and Gwen Dutcher and their co-plaintiffs (collectively, "the plaintiffs") brought suit in Utah state court on behalf of a putative plaintiff class against ReconTrust, a national bank that serves as the substitute trustee for class members' deeds of trust over properties located in Utah. The suit alleges that ReconTrust...

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