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WOODWARD v. D. H. OVERMYER CO.

Nos. 800, 801 and 802, Dockets 34606, 34748 and 34749.

428 F.2d 880 (1970)

Richard J. WOODWARD, Ned P. Clyde, James I. Sherard, Raymond Lundgren, Douglas C. Moorhouse, and David M. Greer, doing business as Woodward-Clyde-Sherard & Associates, a partnership, Plaintiffs-Appellees, v. D. H. OVERMYER CO., Inc., a New York corporation, D. H. Overmyer Co., Inc., an Ohio corporation, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 9, 1970.

Attorney(s) appearing for the Case

James H. Reidy, New York City, (Gerard L. Goettel, New York City, of counsel), for defendants-appellants.

William D. Powers, New York City (Leslie A. Hynes, New York City, of counsel), for plaintiffs-appellees.

Before FRIENDLY and KAUFMAN, Circuit Judges and BRYAN, District Judge.

FRIENDLY, Circuit Judge.

This action by six partners of Woodward-Clyde-Sherard & Associates (sometimes hereafter "the Woodward partners") to foreclose a second mortgage on property in Albany County, N.Y., executed by D. H. Overmyer Co., Inc., a New York corporation (Overmyer N.Y.), in order to secure notes signed by D. H. Overmeyer Co., Inc., an Ohio corporation (Overmyer Ohio), and for a deficiency judgment, has given rise to a number of procedural problems....

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