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NORTH AM. PROPERTIES v. POCONO FARMS, ETC.

Civ. No. 78-656.

489 F.Supp. 452 (1980)

NORTH AMERICAN PROPERTIES, LIMITED, Plaintiff, v. POCONO FARMS LOT OWNERS ASSOCIATION a/k/a Community Association of Pocono Farms, Inc., and Smoke Ridge Village, Inc., Defendants.

United States District Court, M. D. Pennsylvania, Third Circuit.

January 15, 1980.

Attorney(s) appearing for the Case

Joseph A. O'Brien, Oliver, Price & Rhodes, Scranton, Pa., M. Patricia Becket, Philadelphia, Pa., (on appeal only), for plaintiff.

C. Daniel Higgins, Stroudsburg, Pa., for defendants.

MEMORANDUM AND ORDER

NEALON, Chief Judge.

I. THE FACTS

This case comes before the Court on a defense motion for summary judgment. The plaintiff, North American Properties, Limited ("North American"),1 possesses title to Pocono Farms North, a housing development in Coolbaugh Township, Monroe County, Pennsylvania. The defendant, Pocono Farms Lot Owners Association, holds a mortgage on this property. The instant lawsuit...

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