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WESTMINSTER INVESTING CORP. v. EQUITABLE ASSUR. SOC. OF U. S.

No. 23440.

443 F.2d 653 (1970)

WESTMINSTER INVESTING CORPORATION, Appellant v. The EQUITABLE ASSURANCE SOCIETY OF the UNITED STATES.

United States Court of Appeals, District of Columbia Circuit.

Decided November 20, 1970.

Attorney(s) appearing for the Case

Mr. Daniel Webster Coon, Washington, D. C., with whom Mr. Edmund D. Campbell, Washington, D. C., was on the brief, for appellant.

Mr. Allan I. Mendelsohn, Washington, D. C., with whom Mr. Henry H. Glassie, Washington, D. C., was on the brief, for appellee.

Before ROBINSON, MacKINNON and ROBB, Circuit Judges.

MacKINNON, Circuit Judge:

In this case the appellant borrower seeks to recover $39,679.17 in unearned interest it paid to the lender as part of the prepayment of a note secured by a deed of trust. By the terms of the note, prepayment was permitted on any regular quarterly date specified in the note for the payment of blended installments of principal and interest. The unearned interest claim arises out of the fact that the lender required the borrower to pay interest...

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