U.S. Court of Appeals for the Eleventh Circuit, 2008

Victoria Nicholson v. U. S. Dept. of Agriculture

U.S. Court of Appeals for the Eleventh Circuit · Decided April 29, 2008 · Tjoflat, Marcus, Wilson

275 F. App'x 878

Counsel

J. Charles Wilson, Mobile, AL, for Plaintiffs-Appellants., Charles Baer, U.S. Attorney’s Office, Mobile, AL, for Defendant-Appellee.

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Opinion

PER CURIAM:

The complaint in this case alleges that the Department of Agriculture erroneously, arbitrarily and with intent to discriminate against Victoria Nicholson and her husband placed Victoria Nicholson’s loan in foreclosure in violation of the Equal Credit Opportunity Act, 15 U.S.C. § 1691 et seq. The Secretary moved the district court for summary judgment, and the court granted his motion on two alternative grounds: the claim was time-barred, and the Nicholsons failed to make out a prima facie case of discrimination.

The Nicholsons now appeal. We agree that the claim is time-barred and that the Nicholsons failed to establish a prima fa-cie case. The district court’s judgment is, accordingly,

AFFIRMED.

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