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UNITED STATES v. ROESSLING

No. 17857.

280 F.2d 933 (1960)

UNITED STATES of America, Appellant, v. Bernard E. ROESSLING, etc., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 30, 1960.

Attorney(s) appearing for the Case

William A. Montgomery, Morton Hollander, Atty., Dept. of Justice, Washington, D. C., Robert F. Nunez, Asst. U. S. Atty., Tampa, Fla., George Cochran Doub, Asst. Atty. Gen., James L. Guilmartin and E. Coleman Madsen, U. S. Attys., Miami, Fla., for appellant.

Paul Game, Tampa, Fla., B. E. Roessling, Green Cove Springs, Fla., for appellees.

Before RIVES, Chief Judge, and TUTTLE and WISDOM, Circuit Judges.

RIVES, Chief Judge.

The United States sought to collect a loan and to that end to foreclose a mortgage on real property. It obtained an in personam judgment against the mortgagors for the debt, but was denied foreclosure on the property. It appeals from such denial.

The Government loan was made pursuant to the Emergency Relief Appropriation Act of 1935, 49 Stat. 115, and to the President's Executive Order No. 7027, issued April 30, 1935, delegating to the...

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