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MITZNER v. BAYLIES

No. 22907.

424 F.2d 814 (1970)

Ernest S. MITZNER, v. William C. BAYLIES and Sofrona F. Baylies, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided April 2, 1970.

Petition for Rehearing Denied April 30, 1970.

Attorney(s) appearing for the Case

Mr. Landon G. Dowdey, Washington, D. C., for appellants. Mr. Stuart H. Robeson, Washington, D. C., was on the brief, for appellants.

Mr. Jacob Sheeskin, Washington, D. C., with whom Mr. Jack A. Hillman, Washington, D. C., was on the brief, for appellee.

Before McGOWAN and MacKINNON, Circuit Judges, and JAMESON, Senior Judge.

McGOWAN, Circuit Judge:

Appellee sued in the District Court to recover a deficiency in the amount realized by him on the foreclosure of a second deed of trust securing appellants' note. Judgment was entered for appellee on a jury award of $12,567.11. At the close of appellee's case, appellants moved for a directed verdict on the grounds that (1) appellee's own showing revealed the transaction to be a usurious loan, as distinct from a bona fide purchase of a...

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