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BILLY MITCHELL VILLAGE, INC. v. NEW YORK LIFE INS. CO.

No. 3928.

388 S.W.2d 243 (1965)

BILLY MITCHELL VILLAGE, INC., Appellant, v. NEW YORK LIFE INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied March 19, 1965.

Attorney(s) appearing for the Case

Levey & Goldstein and Jay Sam Levey, San Antonio, for appellant.

Clemens, Knight, Weiss & Spencer, George H. Spencer and Edward R. Finck, Jr., San Antonio, for appellee.

COLLINGS, Justice.

Billy Mitchell Village, Inc., brought this suit against New York Life Insurance Company, a corporation, P. N. Brownstein, Commissioner of the Federal Housing Administration and Eugene M. Zuckert, Secretary of the Air Force, seeking a declaratory judgment determining whether a note executed by plaintiff was in default. Plaintiff also sought an injunction to restrain a foreclosure sale under a deed of trust to satisfy the indebtedness evidenced by...

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