GARNER v. TRI-STATE DEVELOPMENT COMPANY

Civ. A. No. 4-71428.

382 F.Supp. 377 (1974)

Hubert S. GARNER and Elsie Garner, Plaintiffs, v. TRI-STATE DEVELOPMENT COMPANY, a Michigan corporation, and Jack Bronkema, Register of Deeds, Kent County, Michigan, Defendants.

United States District Court, E. D. Michigan, S. D.

October 2, 1974.


Attorney(s) appearing for the Case

Joseph F. Galvin, Detroit, Mich., for plaintiffs.

Joseph J. Cavanaugh, Detroit, Mich., for Tri-State.

George R. Cook, Grand Rapids, Mich., for Bronkema.


MEMORANDUM OPINION

FEIKENS, District Judge.

This is a suit to set aside a mortgage foreclosure on the contention that Michigan's foreclosure by advertisement statute, M.C.L. § 600.3201 et seq., is unconstitutional as applied. It is brought under the due process clause of the fourteenth amendment, and the amount in controversy is in excess of $10,000. Jurisdiction exists under 28 U.S.C. § 1331; venue is by stipulation of the parties.

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