Summary
affirming district court where appellant's counsel criticized, rather than distinguished, prior MERS cases
Summary of this case from Smith v. Mortg. Elec. Registration Sys., Inc.Opinion
No. 11-4168
03-06-2012
COMMONWEALTH PROPERTY ADVOCATES, Plaintiff - Appellant, v. U.S. BANK NATIONAL ASSOCIATION, as Trustee for the Adjustable Rate Mortgage-Backed Pass-Through Certificates, Series 2007-2, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, Defendants - Appellees.
(D. Utah)
(D.C. No. 2:10-CV-00281-DB)
ORDER AND JUDGMENT
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 This order and judgment is not binding precedent except under the doctrines of law of the case, res judicata, and collateral estoppel.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.
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 used that opportunity to criticize, rather than distinguish, them. There is nothing more to say. AFFIRMED.
ENTERED FOR THE COURT
PER CURIAM