JUDD, District Judge.
MEMORANDUM AND ORDER
Plaintiff has moved for summary judgment in this diversity action for foreclosure of a mortgage.
The mortgage was given in settlement of a prior action in this court to set aside as a fraudulent conveyance the deed by which title had been vested in defendant. The answer here interposed as a defense that the prior action is still pending, because the settlement had never resulted in a real agreement, and...
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