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UNITED STATES v. MILLER

No. 74 Civ. 1808.

400 F.Supp. 1080 (1975)

UNITED STATES of America, Plaintiff, v. James E. MILLER et al., Defendants.

United States District Court, S. D. New York.

July 16, 1975.

Attorney(s) appearing for the Case

Paul J. Curran, U. S. Atty., S.D.N.Y., New York City, by Naomi Reice Buchwald, Asst. U. S. Atty., for plaintiff.

Flanagan & Ortale, by Robert M. Ortale, Kingston, N. Y., for defendant Carl Stoutenberg.

Schonbrun & Schonbrun, by Harvey A. Schonbrun, Tampa, Fla., for defendant Darlene R. Miller.

OPINION

ROBERT L. CARTER, District Judge.

The United States moves for summary judgment in this suit to foreclose a mortgage on certain real property in Athens, Greene County, New York. The following facts are undisputed. On November 4, 1970, the United States, acting through the Farmers Home Administration (FmHA), Department of Agriculture, loaned defendants James E. Miller and Darlene Rae Rhoades (formerly Darlene R. Miller and hereinafter referred to by...

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