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BANK OF AMERICA NAT. TRUST AND SAV. ASS'N v. FOGLE

No. C-85-2807 WHO.

637 F.Supp. 305 (1985)

BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, Plaintiff, v. Melvin FOGLE and Claris FOGLE, Defendants.

United States District Court, N.D. California.

December 23, 1985.

Attorney(s) appearing for the Case

Randolph L. Howard, Joseph N. Demko, Frandzel & Share, San Francisco, Cal., for plaintiff.

Bernd ter Glane, Hamburg, Germany, of counsel, John E. Droeger, Hall, Henry, Oliver & McReavy, San Francisco, Cal., Stokes, Steeves, Jensen & Cissna, Arcata, Cal., for defendants.

OPINION AND ORDER

ORRICK, District Judge.

This is an action for a deficiency judgment on a promissory note secured by a preferred ship mortgage on a vessel known as the "Oil Screw Amigo". On April 15, 1980, defendants, Melvin and Claris Fogle, executed the promissory note in favor of plaintiff, Bank of America (the "Bank"). On April 15, 1981, after defendants had failed to make their semiannual payment, the Bank...

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