UNITED STATES v. MIDWAY GARDENS, INC.

No. 11944.

173 F.Supp. 712 (1959)

UNITED STATES of America, Plaintiff, v. MIDWAY GARDENS, INC., a Texas corporation, Defendant.

United States District Court S. D. Texas, Houston Division.

June 2, 1959.


Attorney(s) appearing for the Case

William B. Butler, U. S. Atty., and Randolph F. Wheless, Jr., Asst. U. S. Atty., Houston, Tex., for plaintiff.

Aaron Goldfarb, Houston, Tex., for defendant.


INGRAHAM, District Judge.

The case is now before the court upon plaintiff's motion for summary judgment on the pleadings and affidavits supplied under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. Plaintiff seeks recovery of a deficiency judgment in the sum of $99,679.48 plus interest from the alleged date of default, June 1, 1955, on a deed of trust note executed by defendant. Plaintiff alleges that defendant, Midway Gardens, Inc., was incorporated...

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