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CANADY v. CRESTAR MORTG. CORP.

Nos. 95-2934, 95-2977.

109 F.3d 969 (1997)

Johnnie A. CANADY; Nancy Canady, Plaintiffs-Appellees, v. CRESTAR MORTGAGE CORPORATION, Defendant-Appellant. Johnnie A. CANADY; Nancy Canady, Plaintiffs-Appellants, v. CRESTAR MORTGAGE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 31, 1997.

Attorney(s) appearing for the Case

ARGUED: Margaret Cain Lumsden, Hunton & Williams, Raleigh, North Carolina, for Appellant. Roy A. Archbell, Jr., Kitty Hawk, North Carolina, for Appellees. ON BRIEF: Michael L. Unti, Hunton & Williams, Raleigh, North Carolina, for Appellant.

Before MURNAGHAN, NIEMEYER, and MOTZ, Circuit Judges.

Affirmed in part and reversed and remanded in part by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge NIEMEYER and Judge MOTZ joined.

OPINION

MURNAGHAN, Circuit Judge.

Plaintiffs-Appellees Johnnie and Nancy Canady (the "Canadys") held a third-priority deed of trust on a parcel of real estate. Because they feared that the property did not contain enough equity to secure their third-priority deed of trust, they entered into a contract...

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