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SMITH v. BAC HOME LOANS SERVICING, LP

Civil Action No. 2:10-cv-00354.

769 F.Supp.2d 1033 (2011)

Marion V. SMITH, Plaintiff, v. BAC HOME LOANS SERVICING, LP, et al., Defendant.

United States District Court, S.D. West Virginia, Charleston Division.

March 11, 2011.

Attorney(s) appearing for the Case

Bren J. Pomponio , Daniel F. Hedges , Mountain State Justice, Inc., Charleston, WV, for Plaintiff.

Jason E. Manning , John C. Lynch , Troutman Sanders , Virginia Beach, VA, for Defendant.

MEMORANDUM OPINION AND ORDER

JOSEPH R. GOODWIN, Chief Judge.

Pending before the court is the Motion for Summary Judgment filed by the defendant, BAC Home Loans Servicing, LP ("BAC") [Docket 22]. BAC's position rests primarily on preemption, an important constitutional doctrine that draws its force from the Supremacy Clause of the U.S. Constitution. Preemption reflects the principle that, in the collective wisdom of Congress, the laws of the several States...

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