District Court, S.D. West Virginia September 30, 1999, Civ.A. 2:97-0338 (Mallory v. Mortgage America, Inc.)

MEMORANDUM ORDER

COPENHAVER, District Judge.

This matter is before the court on the parties’ cross motions for summary judgment with respect to the state law class claim asserted in Count I of plaintiffs’ amended complaint.

I.

On September 7, 1996, the named plaintiffs borrowed $60,000 from defendant Mortgage America, Inc. d/b/a Alternative Lending Mortgage Company.