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U.S. v. AM. NAT. BANK & TRUST CO. OF CHICAGO

No. 83 C 2613

595 F.Supp. 324 (1983)

UNITED STATES of America, Plaintiff, v. AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee under Trust No. 7501001 dated March 1, 1971, and EES Hickory Associates, Defendants.

United States District Court, N.D. Illinois, E.D.

October 27, 1983.

Attorney(s) appearing for the Case

Dan K. Webb, U.S. Atty. by Mary Anne Mason, Asst. U.S. Atty., John H. Mahoney, Assoc. Reg. Counsel, Dept. of HUD, Chicago, Ill., for plaintiff.

Sheldon Solow, Schwartz & Freeman, Steven P. Handler, Hannafan & Handler, Ltd., Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

GETZENDANNER, District Judge:

In this action the United States sues to foreclose on a federally insured mortgage loan which the Secretary of Housing and Urban Development holds as assignee. Jurisdiction is based on 28 U.S.C. § 1345. Before the court is plaintiff's motion for summary judgment. For the reasons given below, the court grants plaintiff's motion.

There is no serious dispute as to whether defendants are...

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