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KELLY v. CAPITAL ONE, N.A.

Case No. 09C1026.

717 F.Supp.2d 805 (2010)

Keith S. KELLY and Margaret M. Kelly, Plaintiffs, v. CAPITAL ONE, N.A., Defendant.

United States District Court, E.D. Wisconsin.

May 26, 2010.

Attorney(s) appearing for the Case

Kevin J. Demet , Demet & Demet SC, Milwaukee, WI, for Plaintiffs.

Daniel A. Manna , Foley & Lardner LLP, Milwaukee, WI, David J. Cynamon , Pillsbury Winthrop Shaw Pittman LLP, Washington, DC, for Defendants.

DECISION AND ORDER

LYNN ADELMAN, District Judge.

Pursuant to § 1640 of the Truth in Lending Act ("TILA"), 15 U.S.C. § 1601 et seq., plaintiffs Keith S. and Margaret M. Kelly bring this action against defendant Capital One, N.A.,1 the successor to Chevy Chase Bank F.S.B. ("Chevy Chase"), alleging that Chevy Chase violated TILA and seeking rescission of their mortgage loan. Defendant moves to dismiss on the ground...

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