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BUFFALO SAV. BANK v. VICTORY

17 Misc.2d 564 (1959)

Buffalo Savings Bank, Plaintiff, v. Beverly Victory, Individually and as Administratrix of The Estate of Joseph B. Victory, Deceased, et al., Defendants.

County Court, Erie County.

May 29, 1959.

Attorney(s) appearing for the Case

Little & Burt (John F. Little of counsel), for plaintiff.

John O. Henderson, United States Attorney (William I. Shapiro of counsel), for United States of America, defendant.

Evan E. James, as guardian ad litem for Marilyn M. Victory and another, defendant.

Moot, Sprague, Marcy & Gulick (William H. Gage and Thomas G. Rickert of counsel), for Erie County Savings Bank, amicus curiæ.

BURKE I. BURKE, J.

This is a motion, in a foreclosure action, to strike out the answer of defendant, United States of America, and for summary judgment of foreclosure and sale.

As plaintiff requests a judgment of sale, subject only to local real estate taxes, the more substantial question presented is whether the determination in United States v. New Britain (347 U.S. 81

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