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Marvin Harlan v. The Bank of New York Mellon, 15-3268 (2016)

Court: Court of Appeals for the Eighth Circuit Number: 15-3268 Visitors: 7
Filed: Jul. 18, 2016
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 15-3268 _ Marvin A. Harlan; Carol G. Harlan, lllllllllllllllllllll Plaintiffs - Appellants, v. The Bank of New York Mellon, formerly known as The Bank of New York, as Trustee for the Certificate Holders CWALT, Inc., Alternative Loan Trust 2006-30T1, Mortgage Pass-Through Certificates, Series 2006-30T1, lllllllllllllllllllll Defendant - Appellee. _ Appeal from United States District Court for the Western District of Arkansas - Fayettevil
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                  United States Court of Appeals
                             For the Eighth Circuit
                         ___________________________

                                 No. 15-3268
                         ___________________________

                        Marvin A. Harlan; Carol G. Harlan,

                       lllllllllllllllllllll Plaintiffs - Appellants,

                                            v.

  The Bank of New York Mellon, formerly known as The Bank of New York, as
    Trustee for the Certificate Holders CWALT, Inc., Alternative Loan Trust
      2006-30T1, Mortgage Pass-Through Certificates, Series 2006-30T1,

                       lllllllllllllllllllll Defendant - Appellee.
                                       ____________

                     Appeal from United States District Court
                for the Western District of Arkansas - Fayetteville
                                 ____________

                               Submitted: July 5, 2016
                                Filed: July 18, 2016
                                   [Unpublished]
                                   ____________

Before COLLOTON, GRUENDER, and KELLY, Circuit Judges.
                        ____________

PER CURIAM.

     In this diversity action, Marvin and Carol Harlan sought declaratory relief from
a home mortgage, and the Bank of New York Mellon (BONY) brought a counterclaim
for judicial foreclosure. The Harlans appeal after the district court1 granted BONY’s
motions for judgment on the pleadings and for summary judgment, and entered a final
judgment and decree of foreclosure. After careful de novo review, we conclude that
the Harlans’ arguments on appeal do not warrant reversal. See Saterdalen v. Spencer,
725 F.3d 838
, 840 (8th Cir. 2013) (grant of judgment on pleadings is reviewed de
novo); Linn Farms and Timber Ltd. P’ship v. Union Pac. R.R. Co., 
661 F.3d 354
, 357
(8th Cir. 2011) (grant of summary judgment is reviewed de novo). Accordingly, we
affirm. See 8th Cir. R. 47B.
                        ______________________________




      1
      The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.

                                         -2-

Source:  CourtListener

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