CENTRAL SEC. NAT. BANK OF LORAIN CTY. v. ROYAL HOMES, INC.

Civ. A. No. 39281.

371 F.Supp. 476 (1974)

The CENTRAL SECURITY NATIONAL BANK OF LORAIN COUNTY, a National Banking Association, Plaintiff, v. ROYAL HOMES, INC., a Michigan corporation, et al., Defendants.

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

January 14, 1974.


Attorney(s) appearing for the Case

Rex Eames, Eames, Petrillo & Wilcox, Detroit, Mich., for plaintiff.

Laurence D. Connor, Dykema Gossett, Goodnow & Trigg, Detroit, Mich., for defendants David Apel and Aviva Apel.

Robert G. Schwartz, Jackson, Mich., for defendants Royal Prince Homes, Inc., Royal King Homes, Inc., Morris Fixler, Lillian Fixler, Royal Crest Homes, Inc., Leslie Katona, Dora Katona, Royal Aristocrat Homes, Inc., Jack Moncarz, Mary Moncarz, Royal American Homes, Inc., Ruben S. Lazar, Carolyn O. Lazar, Royal Valley Homes, Inc., Donald E. Gaddes, Nancy Ann Gaddes, Royal Bay Homes, Inc., Donald Wolf, Velda M. Wolf, Stanley Wolf, Doris Wolf, Royal Park Homes, Inc., Martin Band, and Sue G. Band.

Laurence D. Connor, W. A. Steiner, Jr., Dykema, Gossett, Spencer, Goodnow & Trigg, Detroit, Mich., for defendants Royal Homes, Inc., David Apel, Aviva Apel, Royal Pride Homes, Inc., Stanley Price, and Rose V. Price.

Donald G. Fox, Hubbard, Fox, Thomas & Born, Lansing, Mich., for defendants Royal State Homes, Inc., Max J. Leonard, and Anita M. Leonard.

Karl R. Frankena, Conlin, Conlin, McKenney & Meader, Ann Arbor, Mich., for defendant Jack Rubinfeld.

John F. Seelie, John D. Cannell, Cleveland, Ohio, for defendants Jack Rubinfeld and Meir Lutman.


OPINION AND ORDER DENYING MOTION TO DISSOLVE WRIT OF ATTACHMENT

KENNEDY, District Judge.

Defendants David and Aviva Apel ("debtors") have moved to dissolve the writ of attachment imposed on real property they own in Washtenaw County, Michigan. The first ground for their motion is that the writ is technically defective under the court rule governing attachments, GCR 1963, 735.2, in that the affidavit in support of the writ was not filed within five days of...

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