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SIMS v. SMITH

No. TCA 78-1057.

502 F.Supp. 609 (1980)

Jay SIMS, by and through his agent, John G. Barrow, Plaintiff, v. Willie E. SMITH and Mary Lee Smith, his wife, and United States of America, acting through the Farmers Home Administration, Defendant and Third-Party Plaintiff, v. PROPERTY APPRAISER, Tax Collector, and Clerk of the Circuit Court, Gadsden County, Florida, and Department of Revenue, State of Florida, Third-Party Defendants.

United States District Court, N. D. Florida, Tallahassee Division.

December 10, 1980.

Attorney(s) appearing for the Case

W. K. Lally, Jacksonville, Fla., for plaintiff.

J. Worth Owen, Tallahassee, Fla., for the U.S.

Alexander L. Hinson, Quincy, Fla., for Tax Collector, Property Appraiser.

Joseph C. Mellichamp, III, Dept. of Legal Affairs, Tallahassee, Fla., for Dept. of Revenue.

Jack A. Harnett, Quincy, Fla., for Clerk of Circuit Court.

SUMMARY JUDGMENT

HIGBY, District Judge.

The essential facts of this lawsuit are undisputed. Summary judgment is appropriate. Fed.R.Civ.Pro. 56. Jay Sims and the United States of America both claim ownership of a piece of land in Gadsden County, Florida.1 The United States claims through a United States Marshal's Deed issued October 11, 1974, as the culmination of a mortgage foreclosure action by the Farmers Home Administration...

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