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EYDE BROS. DEV. v. EQUITABLE LIFE ASSUR. SOC.

No. G86-1052 CA5.

697 F.Supp. 1431 (1988)

EYDE BROTHERS DEVELOPMENT COMPANY, a Michigan co-partnership, Plaintiff, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, a New York corporation, Defendant.

United States District Court, W.D. Michigan, S.D.

October 21, 1988.

Attorney(s) appearing for the Case

John B. Curcio, Dykema, Gossett, Spencer, Goodnow & Trigg, Lansing, Mich., for plaintiff.

Thomas A. Bengston, Hubbard, Fox, Thomas, White & Bengston, Lansing, Mich., for defendant.

OPINION OF THE COURT

ROBERT HOLMES BELL, District Judge.

This case presents a dispute as to the construction and enforcement of a note and mortgage which embody the parties' agreement concerning a $6 million loan from defendant to plaintiff. Now before the Court is defendant's motion for summary judgment under Fed.R.Civ.P. 56.

I. SUMMARY OF FACTS

In June, 1978, plaintiff Eyde Brothers Development Company borrowed $6 million dollars from...

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