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UNITED STATES v. 1300 LAFAYETTE EAST

Civ. A. No. 5-71410.

455 F.Supp. 988 (1978)

UNITED STATES of America, Plaintiff, v. 1300 LAFAYETTE EAST, a co-partnership, Defendant.

United States District Court, E. D. Michigan, S. D.

August 4, 1978.

Attorney(s) appearing for the Case

James K. Robinson, U. S. Atty. by Samuel J. Behringer, Jr., Asst. U. S. Atty., Detroit, Mich., for plaintiff.

Robert V. Seymour, Southfield, Mich., for defendant.

OPINION

FEIKENS, District Judge.

The United States as assignee of certain mortgages and mortgage notes seeks foreclosure of the mortgages and sale of the encumbered property. 1300 Lafayette, East, a co-partnership which owns the mortgaged property, asserts in defense that there was no default and that plaintiff is barred from foreclosure because it has unclean hands. Defendant also counterclaims for damages caused by claimed wrongful assignment and acceleration...

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