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UNITED STATES v. CAPRICE

Civ. No. 988-69.

427 F.Supp. 1035 (1976)

UNITED STATES of America, Plaintiff, v. Thomas J. CAPRICE et al., Defendants.

United States District Court, D. New Jersey.

Opinion on Merits November 22, 1976.

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 defendants.

MEMORANDUM

BIUNNO, District Judge.

The U.S. Court of Appeals for the Third Circuit has filed an opinion August 23, 1976, 541 F.2d 275, remanding the case (without deciding the appeal), "with directions to proceed forthwith" so that the parties and the court can address what the opinion designates as a "threshold question", expressed as follows:

"Whether, under federal law, there can be resort to a deficiency judgment proceeding where a foreclosure...

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