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MANCHESTER GARDENS v. GREAT WEST LIFE ASSUR. CO.

Nos. 11450, 11451.

205 F.2d 872 (1953)

MANCHESTER GARDENS, Inc., v. GREAT WEST LIFE ASSUR. CO. et al. GREAT WEST LIFE ASSUR. CO. et al. v. MANCHESTER GARDENS, Inc.

United States Court of Appeals District of Columbia Circuit.

Decided June 11, 1953.

Petition for Rehearing or Modification of Opinion Denied July 27, 1953.

Attorney(s) appearing for the Case

Mr. Harry Friedman, Washington, D. C., for Manchester Gardens, Inc.

Mr. George Morris Fay, Washington, D. C. with whom Mr. John P. Burke, Washington, D. C., was on the brief, for Great West Life Assur. Co. and Metropolitan Mortgage Co.

Mr. William R. Glendon, Asst. U. S. Atty. at time of argument, Washington, D. C., with whom Messrs. Charles M. Irelan, U. S. Atty. at time of argument, Washington, D. C., and Ross O'Donoghue, Asst. U. S. Atty., Washington, D. C., were on the brief, for Franklin D. Richards. Messrs. Leo A. Rover, U. S. Atty., Joseph M. Howard, Asst. U. S. Atty. at time brief was filed, Washington, D. C., and William E. Kirk, Jr., Asst. U. S. Atty. at time of argument, Washington, D. C., for Franklin D. Richards.

Before PRETTYMAN, BAZELON, and WASHINGTON, Circuit Judges.

WASHINGTON, Circuit Judge.

No. 11450. This is a controversy between mortgagor and mortgagee. It grows out of the mortgagor's desire to receive interest on certain of its funds accumulated in the hands of the mortgagee, in accordance with the terms of their financing transaction, to assure the payment of taxes, insurance and the like.

The mortgagor, Manchester Gardens, Inc., contracted in the mortgage deed of trust to make monthly payments into two reserves...

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