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CORAL GABLES FEDERAL SAV. & LOAN ASS'N v. HARBERT

No. 81-6061-CIV-JCP.

527 F.Supp. 284 (1981)

CORAL GABLES FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation organized under the laws of the United States of America, Plaintiff, v. Charles HARBERT and Susan Harbert, his wife, Defendants.

United States District Court, S. D. Florida.

December 4, 1981.

Attorney(s) appearing for the Case

Padgett, Teasley, Niles & Shaw, Fort Lauderdale, Fla., for plaintiff.

Douglas R. Bell, Fort Lauderdale, Fla., for defendants.

ORDER GRANTING MOTION TO DISMISS AND OPINION

PAINE, District Judge.

In order for a federal district court to have subject matter jurisdiction under 28 U.S.C. 1331 the matter in controversy must inter alia arise under the Constitution, laws, or treaties of the United States. The issue before the Court is whether a federal saving and loan's suit for foreclosure of a home mortgage triggered by the mortgagor's default under the due on sale clause constitutes...

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