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Bunn v. Werner

United States Court of Appeals, District of Columbia Circuit
Feb 11, 1954
210 F.2d 730 (D.C. Cir. 1954)

Opinion

No. 11812.

Argued January 20, 1954.

Decided February 11, 1954.

Mr. Robert H. Campbell, Clare, Mich., for appellants.

Mr. Herman Miller, Washington, D.C., for appellees.

Before EDGERTON, BAZELON, and FAHY, Circuit Judges.


Appellants filed a complaint for an injunction to prevent a foreclosure sale of certain real estate under a deed of trust securing a usurious note, and for reformation of the note and deed of trust. Appellants moved at the same time for a preliminary injunction to prevent the sale. This appeal is from an order overruling that motion.

When the appeal was argued counsel for each side said in open court that the foreclosure sale had taken place. It follows that this appeal must be dismissed as moot and the case remanded to the District Court for final hearing on the merits. At that hearing the District Court will not be bound by the findings and conclusions on which the denial of a preliminary injunction was based.

Remanded.


Summaries of

Bunn v. Werner

United States Court of Appeals, District of Columbia Circuit
Feb 11, 1954
210 F.2d 730 (D.C. Cir. 1954)
Case details for

Bunn v. Werner

Case Details

Full title:BUNN et al. v. WERNER et al

Court:United States Court of Appeals, District of Columbia Circuit

Date published: Feb 11, 1954

Citations

210 F.2d 730 (D.C. Cir. 1954)
93 U.S. App. D.C. 363

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