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CGC HOLDING COMPANY, LLC v. HUTCHENS

No. 18-1014.

974 F.3d 1201 (2020)

CGC HOLDING COMPANY, LLC, a Colorado limited liability company; Harlem Algonquin LLC, an Illinois limited liability company; James T. Medick, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Sandy HUTCHENS, a/k/a Fred Hayes, a/k/a Moishe Alexander, a/k/a Moshe Ben Avraham; Tanya Hutchens; Jennifer Hutchens, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Filed September 14, 2020.

Attorney(s) appearing for the Case

Steven A. Klenda , Klenda Gessler & Blue LLC, for Defendants-Appellants.

Kevin P. Roddy , Wilentz, Goldman & Spitzer, P.A. ( Scott R. Shepherd , Shepherd, Finkelman, Miller & Shah, LLP, with him on the brief), for Plaintiffs-Appellees.

Before HARTZ, HOLMES, and CARSON, Circuit Judges.

The story is a familiar one. Individuals and entities desperate for money came across nefarious characters who claimed to have money to lend. The money could be theirs if they paid handsome sums in the form of upfront, nonrefundable "loan commitment fees." But when the money never came and they realized that the lenders had...

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