Opinion
No. 325, Docket 28098.
Argued April 16, 1963.
Decided May 2, 1963.
Appeal from a judgment of the United States District Court for the Southern District of New York, David N. Edelstein, District Judge, granting summary judgment for the plaintiff, as assignee of the Federal Housing Administration, after maturity, on three negotiable notes insured under the National Housing Act.
Arnold Schildhaus, Bronx, New York, pro se.
John Paul Reiner, Asst. U.S. Atty., So. Dist. of New York (Robert M. Morgenthau, U.S. Atty., So. District of New York, and Eugene R. Anderson, Asst. U.S. Atty., on the brief) for plaintiff-appellee.
Before SMITH, KAUFMAN and MARSHALL, Circuit Judges.
Judge Edelstein's determination, in a careful and reasoned opinion, reported at 211 F. Supp. 934 (S.D.N.Y. 1962), sub nom. United States v. Birngold Realty Co., that the appellant was liable to the United States as primary obligor on the first two notes and guarantor on the third, with notice thereon waived, is clearly correct and the judgment is affirmed.