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TAMASHA TOWN & COUNTRY CLUB v. McALESTER CONST. FIN. CORP.

Civ. A. No. 65-760.

252 F.Supp. 80 (1966)

TAMASHA TOWN AND COUNTRY CLUB, a California corporation, Plaintiff, v. McALESTER CONSTRUCTION FINANCE CORPORATION, a Delaware corporation, Construction Finance Corporation, a California corporation, et al., Defendants.

United States District Court S. D. California, Central Division.

March 8, 1966.

Attorney(s) appearing for the Case

Hamilton & Mueller, Richard D. Hamilton, Santa Ana, Cal., for plaintiff.

Paul, Hastings, Janofsky & Walker, Los Angeles, Cal., for defendants.

IRVING HILL, District Judge.

Plaintiff corporation sues as a debtor in possession under Chapter XI of the Bankruptcy Act. Its Complaint seeks treble damages under California Civil Code, § 1916-3, for payment of alleged usurious interest. There is no diversity. The Complaint cites, as the jurisdictional basis of the action, sections of the Bankruptcy Act involving both summary and plenary jurisdiction.

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