Commonwealth Property Advocate v. U.S. Bank National Assoc.

FILED
United States Court of Appeals
Tenth Circuit

March 6, 2012
UNITED STATES COURT OF APPEALS
Elisabeth A. Shumaker
Clerk of Court
TENTH CIRCUIT

COMMONWEALTH PROPERTY
ADVOCATES,

Plaintiff - Appellant, No. 11-4168
v. (D. Utah)
U.S. BANK NATIONAL (D.C. No. 2:10-CV-00281-DB)
ASSOCIATION, as Trustee for the
Adjustable Rate Mortgage-Backed
Pass-Through Certificates, Series
2007-2, MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,

Defendants - Appellees.

ORDER AND JUDGMENT *

Before LUCERO, HARTZ, and O’BRIEN, Circuit Judges.

The issues presented in this appeal have been previously decided. Counsel

were given an opportunity to distinguish our prior cases but Appellant’s counsel

*
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument. This order and judgment is
not binding precedent except under the doctrines of law of the case, res judicata,
and collateral estoppel. It may be cited, however, for its persuasive value
consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
used that opportunity to criticize, rather than distinguish, them. There is nothing

more to say. AFFIRMED.

ENTERED FOR THE COURT
PER CURIAM

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