UNITED STATES v. CHESTER HEIGHTS ASSOCIATES

Civ. A. No. 75-714.

406 F.Supp. 600 (1975)

UNITED STATES of America, Plaintiff, v. CHESTER HEIGHTS ASSOCIATES, a limited partnership, et al., Defendants.

United States District Court, D. South Carolina, Rock Hill Division.

As Amended March 16, 1976.


Attorney(s) appearing for the Case

James D. McCoy, III, Asst. U. S. Atty., Greenville, S. C., for the United States.

W. H. McElwee, North Wilkesboro, N. C., for defendant Lowe's of Shelby, Inc.

James C. Cothran, Jr., Spartanburg, S. C., for Ted Hinson & Sons Building Contractors, Inc.


ORDER GRANTING PARTIAL SUMMARY JUDGMENT

HEMPHILL, District Judge.

On October 7, 1975, the plaintiff herein, pursuant to provisions of Rule 56, Federal Rules of Civil Procedure, moved the court to enter a summary judgment, interlocutory in character, declaring that the claim of defendant, Lowe's of Shelby, Inc., is subordinate to plaintiff's mortgage as a matter of law. On the same day plaintiff filed its memorandum in support of the motion. By letter of...

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