UNITED STATES v. MONTGOMERY

Civ. A. No. W-3713.

268 F.Supp. 787 (1967)

UNITED STATES of America, Plaintiff, v. Paul R. MONTGOMERY, Mary Montgomery, his wife, and John D. Montgomery, Defendants.

United States District Court D. Kansas.

March 10, 1967.


Attorney(s) appearing for the Case

Newell George, U. S. Atty., Topeka, Kan., Guy Goodwin, Asst. U. S. Atty., Wichita, Kan., Arthur L. Sparks, Omaha, Nebraska, Bernard V. Borst, Wichita, Kan., for plaintiff.

Zuspann, Soward & Whalen, Goodland, Kan., and Collins, Martin, Pringle, Schell & Burns, Wichita, Kan., for defendants.


MEMORANDUM SUSTAINING SUMMARY JUDGMENT

WESLEY E. BROWN, District Judge.

This civil action is before the court on plaintiff's motion for summary judgment. A single question of law is presented, whether in a foreclosure by the United States on a mortgage given by defendants to obtain a loan from the Small Business Administration, the defendants are entitled to the statutory redemptive rights under state law.

The United States as plaintiff brings this...

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