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BAKER v. NORTHLAND MORTGAGE COMPANY

No. 72 C 59.

344 F.Supp. 1385 (1972)

Mildred J. BAKER, individually and as representative and on behalf of all persons, firms, corporations and trustees who borrowed money from Northland Mortgage Company, a Minnesota corporation, evidenced by their notes secured by mortgages on real estate, which loans were insured by agencies of the United States of America, a Class, Plaintiff, v. NORTHLAND MORTGAGE COMPANY, a corporation organized and existing under the laws of the State of Minnesota, Defendant.

United States District Court, N. D. Illinois, E. D.

July 31, 1972.

Attorney(s) appearing for the Case

Edward Atlas, Harold Harris and Philip S. Lieb, Chicago, Ill., for plaintiff.

Hubachek, Kelly, Rauch & Kirby, Chicago, Ill., for defendant.

MEMORANDUM OPINION AND ORDER

McLAREN, District Judge.

Plaintiff has brought this class action on behalf of all persons who borrowed money from defendant to finance the purchase of homes. Defendant moves to dismiss for lack of subject matter jurisdiction. The motion is granted.

The gravamen of the amended complaint is that defendant is using the class' monthly advance payments for ground rents, insurance premiums, taxes and assessments for its own...

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