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FIFTY ASSOCIATES v. PRUDENTIAL INSURANCE CO. OF AMERICA

No. 23936.

446 F.2d 1187 (1970)

FIFTY ASSOCIATES, a Massachusetts corporation, Appellant, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 6, 1970.

Attorney(s) appearing for the Case

James Powers (argued), of Powers, Boutell, Fannin & Ridge, Phoenix, Ariz., for appellant.

Daniel T. Bergin (argued), Robt. H. Carlyn, Robt. P. Robinson, of Fennemore, Craig, von Ammon & Udall, Phoenix, Ariz., for appellee.

Before MERRILL and KOELSCH, Circuit Judges, and BYRNE, District Judge.

BYRNE, District Judge.

This case presents an excellent example of the problems confronting a pleader in a federal court of limited jurisdiction, who is accustomed to preparing pleadings in a state court of general jurisdiction.

Appellant Fifty Associates and its lessee of Arizona real estate, Mayer-Central Building Company, executed a mortgage on certain property in Phoenix, to Prudential Insurance Company of America. After Mayer defaulted in making payments...

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