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BAKER v. RECONSTRUCTION FINANCE CORPORATION

No. 9316.

109 F.2d 336 (1940)

BAKER et al. v. RECONSTRUCTION FINANCE CORPORATION.

Circuit Court of Appeals, Fifth Circuit.

January 29, 1940.

Attorney(s) appearing for the Case

John G. Baker, of Orlando, Fla., for appellants.

J. S. Diver, of Jacksonville, Fla., and George P. Garrett and Troy C. Mussel-white, both of Orlando, Fla., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

This litigation began in 1935 with a bill on the part of Reconstruction Finance Corporation to foreclose a mortgage given by John McCulloch and Arthur C. Marshall to secure a note for $50,000 payable to First National Bank & Trust Company in Orlando, Florida. After pleading to it McCulloch died March 12, 1936, testate. The bill as to him was revived on Aug. 31, 1938, by substituting his executor, John G. Baker, as a defendant. To an amended...

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