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Dorothy L. Polis and Marshall G. Jarrell v. American Liberty Financial, Inc., et al.

Case Number: 
3:02-cv-00514

Memorandum Opinion and Order

Currently pending before the Court are motions to dismiss filed by Defendant Citifinancial Mortgage Company, Inc. (hereinafter Citifinancial) and Defendant Creve Coeur Mortgage Associates, Inc. (hereinafter CCM).  In its motion, CCM adopts and incorporates by reference four of the arguments made by Citifinancial.  In addition, CCM seeks to dismiss a claim by Plaintiffs Dorothy L. Polis and Marshall G. Jarrell that CCM engaged in the unauthorized practice of law as contained in Count V of the Amended Complaint.  By Order entered on October 22, 2002, the Court granted Plaintiffs’ motion to dismiss Count V with prejudice.  Therefore, the Court DENIES as moot CCM’s motion to dismiss this claim against it.  As to the remaining arguments made by Defendants Citifinancial and CCM, the Court GRANTS in part Defendants’ motion to dismiss Count I and DENIES Defendants’ motion to dismiss the remaining counts.

Date: 
Monday, December 9, 2002