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PIONEER SAVINGS AND LOAN CO. v. CITY OF CLEVELAND

No. 72-1553.

479 F.2d 595 (1973)

The PIONEER SAVINGS AND LOAN CO., Plaintiff-Appellant, v. CITY OF CLEVELAND, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 1, 1973.

Attorney(s) appearing for the Case

Albert J. Morhard, Bremer, Thompson, Morhard & Coyne, Cleveland, Ohio, for plaintiff-appellant.

John H. Kless, Asst. Director of Law, Cleveland, Ohio, for defendant-appellee; Richard R. Hollington, Jr., Director of Law, Cleveland, Ohio, on brief.

Before EDWARDS and LIVELY, Circuit Judges, and McALLISTER, Senior Circuit Judge.

McALLISTER, Senior Circuit Judge.

On February 4, 1964, appellant, The Pioneer Savings & Loan Co., an Ohio corporation, made a first mortgage loan to Maxine and Lester Zavelson for $27,000, covering a 4-story brick apartment building and the land upon which it was situated. This mortgage was recorded on February 11, 1964.

Sometime between September 8, 1965, and September 23, 1965, the City of Cleveland completely destroyed the building on the claim that...

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