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TOBLER v. YODER & FREY AUCTIONEERS, INC.

Civ. A. No. 478-114.

462 F.Supp. 788 (1978)

George P. TOBLER and Henry Ford Plantation, Inc., Plaintiffs, v. YODER & FREY AUCTIONEERS, INC., Defendant, Chemical Bank, Intervenor.

United States District Court, S. D. Georgia, Savannah Division.

December 15, 1978.

Attorney(s) appearing for the Case

M. Fleming Martin, III, Brunswick, Ga., for plaintiffs.

Robert E. Falligant, Jr., Falligant, Sims, Hunter & Donaldson, Julian H. Toporek, Falligant, Kent & Toporek, Savannah, Ga., for defendant Yoder & Frey Auctioneers, Inc.

John M. Hewson, III, Hunter, Houlihan, MacLean, Exley, Dunn & Connerat, Savannah, Ga., for intervenor Chemical Bank.

FINDINGS AND OPINION AND ORDER

LAWRENCE, Senior District Judge.

I. History and Issues

This complicated litigation began with the filing of an action in Bryan County Superior Court on May 16, 1978, by George P. Tobler and Henry Ford Plantation, Inc. against Yoder & Frey Auctioneers, Inc. in which plaintiffs sought to set aside the sale at foreclosure on May 2nd of a tract of 1,875 acres situated...

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