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SMITH v. SCHLEIN

No. 8642.

144 F.2d 257 (1944)

SMITH v. SCHLEIN et al.

United States Court of Appeals District of Columbia.

Decided June 30, 1944.

Attorney(s) appearing for the Case

Mr. Maurice Friedman, of Washington, D.C., for appellant.

Mr. Herman Miller, of Washington, D. C., for appellees.

Before GRONER, Chief Justice, and EDGERTON and ARNOLD, Associate Justices.

ARNOLD, Associate Justice.

The statement of facts in the complaint, which for the purpose of this appeal must be taken as true, is substantially as follows: Defendants loaned plaintiff $400. As a cloak to hide usurious interest they took a note from plaintiff in the sum of $750, with interest at six per cent, secured by a trust deed on plaintiff's real property in Maryland. After the plaintiff had repaid $150 the defendants began foreclosure proceedings in Maryland...

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