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BEN O'CALLAGHAN COMPANY v. SCHMINCKE

Civ. A. No. 18811.

376 F.Supp. 1361 (1974)

BEN O'CALLAGHAN COMPANY v. Helen SCHMINCKE et al., Defendants and Third-Party Plaintiffs, v. Bruce R. DAVIS and Arlen Acquisitions, Inc., a corporation, Third-Party Defendants.

United States District Court, N. D. Georgia, Atlanta Division.

June 13, 1974.

Attorney(s) appearing for the Case

John M. Sikes of Lipshutz, Macey, Zusmann & Sikes, Atlanta, Ga., for plaintiff.

William H. Major and William B. Brown of Heyman & Sizemore, Atlanta, Ga., for defendants.

George S. Stern of Rose & Stern, Atlanta, Ga., for third-party defendants.

ORDER

EDENFIELD, Chief Judge.

The plaintiff originally filed this suit in the Superior Court of DeKalb County. The complaint seeks a "special in rem judgment" against a stated piece of real property in the amount of $42,117.50 plus interest at 7% per annum from October 30, 1970. The defendants removed the case to federal court. Both parties have moved for summary judgment and the case has been submitted to this court for a ruling on those motions.

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