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SMALL v. FEDERAL NAT. MORTG. ASS'N

Record No. 130317.

747 S.E.2d 817 (2013)

286 Va. 119

Jeffrey S. SMALL, as Clerk of the Circuit Court of the City of Fredericksburg, Virginia, Individually and on behalf of all others similarly situated v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, a/k/a Fannie Mae, et al.

Supreme Court of Virginia.

September 12, 2013.

Attorney(s) appearing for the Case

John C. Davis ( Tracy Ann Houck ; Medford Jennings Brown, IV ; Parrish, Houck & Snead, Fredericksburg, on brief), for plaintiff.

Michael A. Johnson ( Alexander J. Kramer ; Jill L. Nicholson ; Brian J. Kapatkin ; Michael J. Ciatti ; Jonathan A. Henry ; Arnold & Porter; Foley & Lardner; King & Spalding, on brief), for defendants.

Present: All the Justices.

Opinion by Chief Justice CYNTHIA D. KINSER.

The United States District Court for the Eastern District of Virginia entered an order of certification requesting that this Court exercise jurisdiction pursuant to Article VI, Section 1 of the Constitution of Virginia and Rule 5:40, and answer the following questions of law:

1.) Under Virginia law, does a clerk of court possess statutory standing to initiate a lawsuit, in his official capacity, to enforce the real...

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