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UNITED STATES v. CAPRICE

Civ. No. 988-69.

427 F.Supp. 1031 (1974)

UNITED STATES of America, Plaintiff, v. Thomas J. CAPRICE, Defendant.

United States District Court, D. New Jersey.

December 11, 1974.

Attorney(s) appearing for the Case

Jonathan L. Goldstein, U. S. Atty. by Carolyn E. Arch, and James A. Plaisted, Asst. U. S. Attys., Newark, N.J., for plaintiff.

Frank P. Marano, East Orange, N.J., for defendant.

BIUNNO, District Judge.

In this mortgage foreclosure case, the mortgage debtor raises two points, the application of which depends on whether New Jersey law governs.

One is N.J. Court Rule 4:27-2, which by the exception referring to N.J.S. 2A:50-2, forbids joinder in one action of the remedy of foreclosure of the mortgage and the remedy of a deficiency money judgment on the bond if the proceeds of sale do not satisfy the debt. (The exception probably should...

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