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ABRAHAM LINCOLN LIFE INS. CO. v. REYNOLDS MORTGAGE CO.

No. 5391.

30 F.2d 790 (1929)

ABRAHAM LINCOLN LIFE INS. CO. et al. v. REYNOLDS MORTGAGE CO.

Circuit Court of Appeals, Fifth Circuit.

February 11, 1929.

Attorney(s) appearing for the Case

J. H. Barwise, of Fort Worth, Tex. (Allen & Converse, of Springfield, Ill., and Thompson & Barwise, of Fort Worth, Tex., on the brief), for appellants.

Sidney L. Samuels and P. Walter Brown, both of Fort Worth, Tex., for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

The Abraham Lincoln Life Insurance Company and the Marquette Life Insurance Company sued the Reynolds Mortgage Company in an action at law to recover the aggregate amount of deficiencies arising out of two mortgage foreclosure sales. Trial by jury was waived in writing, and the judgment of the District Judge was that a plea in abatement as to the Marquette Company be sustained, on the ground that it had...

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