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DOERGE v. NATIONAL BANK OF COMMERCE

Civ. A. No. CA-3-76-0003-G.

482 F.Supp. 802 (1977)

John O. DOERGE, Plaintiff, v. NATIONAL BANK OF COMMERCE, Colwell Mortgage Trust, Harry J. McCaffrey, Jr., Trustee, Defendants.

United States District Court, N. D. Texas, Dallas Division.

September 21, 1977.

Attorney(s) appearing for the Case

Bill C. Hunter, Timothy J. Vineyard, Hunter, Stewart, Salzberger & Vineyard, P. C., Dallas, Tex., for plaintiff.

George H. Kolb, Wynne & Jaffe, Dallas, Tex., for NBC, Colwell & McCaffrey.

MEMORANDUM OPINION

PATRICK E. HIGGINBOTHAM, District Judge.

I.

INTRODUCTION

This memorandum constitutes the court's findings of fact and conclusions of law under Rule 52 F.R.C.P. Jurisdiction over these conflicting claims to proceeds from the sale at foreclosure of Texas real estate exists by virtue of the diversity of the citizenship of the litigants. The litigants include John O. Doerge ("Doerge"), an investor from Cleveland, Ohio,...

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