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TWIN CITY FEDERAL SAV. AND LOAN ASS'N v. GELHAR

Nos. Civ. 3-81-827, Civ. 3-81-347.

525 F.Supp. 802 (1981)

TWIN CITY FEDERAL SAVINGS AND LOAN ASSOCIATION, a United States of America corporation, Plaintiff, v. Joseph L. GELHAR and Pamela R. Gelhar, husband and wife, Robert L. McDonough, and Diane M. Fuhr, Defendants. TWIN CITY FEDERAL SAVINGS AND LOAN ASSOCIATION, a United States of America corporation, Plaintiff, v. Kenneth B. HOEG and Margean E. Hoeg, husband and wife, Defendants.

United States District Court, D. Minnesota, Third Division.

November 3, 1981.

Attorney(s) appearing for the Case

Mackall, Crounse & Moore, Gregory J. Pulles, Minneapolis, Minn., for plaintiff.

Holmes & Graven, Larry M. Wertheim, Minneapolis, Minn., Moratzka, Dillon & Kunkel, Phillip L. Kunkel, Hastings, Minn., for defendants.

MEMORANDUM & ORDER

DEVITT, Senior District Judge.

In these declaratory judgment actions by Twin City Federal Savings and Loan Association ("TCF"), a federally chartered savings and loan association, against several of its mortgagors, we are asked to determine the validity of a home mortgage "due on sale" clause. TCF is chartered under the provisions of the Home Owners' Loan Act of 1933, 12 U.S.C. §§ 1461 et seq. These are two of eighteen...

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