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ENSMINGER v. TIMBERLAND MORTGAGE SERVICES, INC.

No. A09-1213.

George O. Ensminger and Donnie B. Ensminger, on behalf of themselves and others similarly situated, Appellants, v. Timberland Mortgage Services, Inc., et al., Respondents, The Mortgage Shop, Inc., d/b/a Exceptional Mortgage and Funding, Inc., Defendant, ATI Title Company, Inc., Respondent.

Court of Appeals of Minnesota.

Filed April 20, 2010.

Attorney(s) appearing for the Case

Richard J. Fuller, Benjamin R. Elwood, Douglas L. Micko, Schaefer Law Firm, LLC, Minneapolis, Minnesota, for appellants.

Robert B. Bauer, Matthew J. Schaap, Jessica L. Sanborn, Severson, Sheldon, Dougherty & Molenda, P.A., Apple Valley, Minnesota, for respondents Timberland Mortgage Services, Inc., Thomas L. Hennen, III, and Robert E. Dougherty.

Mark W. Vyvyan, Fredrikson & Byron, Minneapolis, Minnesota; and Douglas W. King, pro hac vice, Bryan Cave LLP, St. Louis, Missouri, for respondent ATI Title Company, LLC.

Considered and decided by Lansing, Presiding Judge; Halbrooks, Judge; and Schellhas, Judge.

UNPUBLISHED OPINION

HALBROOKS, Judge.

Appellants challenge the district court's award of summary judgment in favor of the lender that financed the purchase of their home in 2004, two principals of that company, and the title company that performed the closing. We conclude that appellants failed to raise a genuine issue of material fact as to whether they received a discounted interest rate on their loan and that the rest of their claims fail as a matter...

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