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RIORDAN v. FERGUSON

42 F.Supp. 47 (1941)

RIORDAN v. FERGUSON, Federal Housing Adm'r (Inter-County Title Guaranty & Mortgage Co., Third-Party Defendant).

District Court, S. D. New York.

October 21, 1941.

Attorney(s) appearing for the Case

Herbert Noble, Jr., of New York City, for plaintiff.

Mathias F. Correa, U. S. Atty., of New York City (Arnold C. Stream, Asst. U. S. Atty., of New York City, of counsel), for Federal Housing Administrator.

James G. Mitchell, of New York City, for third-party defendant.

CONGER, District Judge.

These are two motions by defendant and third-party defendant (1) to dismiss the complaint on the ground that the court has no jurisdiction of the subject matter of the action, and (2) for summary judgment on the ground that there exists no genuine and triable issue of fact.

The facts of this litigation may be summarized as follows: The plaintiff in the within action is apparently attempting to foreclose a mortgage upon certain lands...

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