Walter Scott v. McNearney & Assoc., No. 05-2621 (8th Cir. 2006)
Annotate this CaseCourt Description: Civil case - Consumer law. Defendants' summary judgment on Fair Debt Collection Practices Act claims affirmed without comment.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-2621 ___________ Walter F. Scott, Appellant, v. McNearney & Associates, L.L.C. A Foreign Corporation; Lawyer s Foreclosure Specialists, Inc., a Domestic Corporation; Centex Home Equity Company, formerly doing business as Centrex Home Equity Corporation, LLC, Appellees. * * * * * * * * * * * * * * * Appeal from the United States District Court for the Eastern District of Missouri. [UNPUBLISHED] ___________ Submitted: September 7, 2006 Filed: September 22, 2006 ___________ Before SMITH, MAGILL, and BENTON, Circuit Judges. ___________ PER CURIAM. Following a foreclosure sale on his property, Walter Scott sued the parties involved claiming violations of the Fair Debt Collection Practices Act, 15 U.S.C. ยงยง 1692, 1692a-1692o, and unlawful entry and trespass. Scott appeals the district court s1 adverse grant of summary judgment, and following careful review, we affirm for the reasons stated by the district court in its thorough memorandum opinion. See 8th Cir. R. 47B. McNearney & Associates s motion under Federal Rule of Appellate Procedure 38 for frivolous appeal damages is denied. ______________________________ 1 The Honorable Charles A. Shaw, United States District Judge for the Eastern District of Missouri. -2-
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