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O'DANIEL v. PORTER

No. 13149.

240 F.2d 636 (1957)

Pat O'DANIEL, Appellant, v. Simone O. PORTER, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 17, 1957.

Attorney(s) appearing for the Case

Mr. Joseph D. Malloy, Washington, D. C., for appellant.

Mr. Bruce G. Sundlun, Washington, D. C., for appellee. Mr. Gilbert Hahn, Jr., Washington, D. C., also entered an appearance for appellee.

Before FAHY, DANAHER and BURGER, Circuit Judges.

PER CURIAM.

Appellant, Pat O'Daniel, appeals from the grant of a preliminary injunction restraining him from prosecuting a foreclosure action against appellee in a Texas state court. The Texas suit was instituted to foreclose a collateral note, on which appellant claims as assignee of the payee, and upon which note appellee has allegedly defaulted in monthly payments. Appellee explains the default in a subsequently filed interpleader action,1

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