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METROPOLITAN LIFE INS. CO. v. WHITESTONE MANAGEMENT CO.

Nos. 5288, 5289.

77 F.2d 255 (1935)

METROPOLITAN LIFE INS. CO. v. WHITESTONE MANAGEMENT CO. et al. DRAKE et al. v. METROPOLITAN LIFE INS. CO. et al. (two cases). WALKER v. WHITESTONE MANAGEMENT CO. et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 19, 1935.

Attorney(s) appearing for the Case

Charles C. LeForgee, of Decatur, Ill., and Edwin W. Sims, Franklin J. Stransky, Walter Brewer, and Paul M. Mitchell, all of Chicago, Ill., for appellants.

Thomas M. Hoyne, Nathaniel Rubinkam, George Gillette, Norbert B. Tyrrell, E. W. Everett, and William C. MacLean, all of Chicago, Ill., for appellees.

Before ALSCHULER, SPARKS, and FITZHENRY, Circuit Judges.

SPARKS, Circuit Judge.

The issues in these cases are identical. In cause No. 5288, the Metropolitan Life Insurance Company of New York filed a bill to foreclose its deed of trust executed March 3, 1926, by the Whitestone Company, then the owner in fee of the Drake Hotel in Chicago, to secure a $4,000,000 loan made by the Metropolitan. The bill was filed on April 4, 1933, upon default in certain principal and interest payments...

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