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MID-JERSEY NAT. BANK v. FIDELITY-MORTGAGE INVESTORS

Nos. 74-1544, 74-1545.

518 F.2d 640 (1975)

MID-JERSEY NATIONAL BANK, a National Banking Association, Appellant in No. 74-1545, v. FIDELITY-MORTGAGE INVESTORS, a Massachusetts business trust, Appellant in No. 74-1544.

United States Court of Appeals, Third Circuit.

Decided June 16, 1975.

Attorney(s) appearing for the Case

Richard S. Miller, Williams, Caliri, Miller & Otley, Wayne, N.J., for appellant Mid-Jersey National Bank.

Michael R. Griffinger, Crummy, Del Deo, Dolan & Purcell, Newark, N.J., for appellant Fidelity-Mortgage Investors.

Before ADAMS, ROSENN and WEIS, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

These appeals confront us with a novel procedural issue regarding the scope of Bankruptcy Rule 11-44 as well as questions pertaining to a summary judgment in favor of a bank, and pre- and post-judgment interest on that judgment.

Before we may consider the merits of the appeal and cross-appeal in this matter, it is necessary first to determine whether under Bankruptcy Rule 11-44 the filing of a Chapter XI...

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