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CHAYKIN v. KANT

No. 74-1332.

327 So.2d 793 (1976)

David CHAYKIN, Appellant, v. Joan KANT et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 3, 1976.

Attorney(s) appearing for the Case

Horton, Perse & Ginsberg, Hansford D. Tyler, Jr., and David D. Phillips, Miami, for appellant.

Cushman & Cushman, Miami, Robert W. Rust, U.S. Atty., Mary-Ella Johnson, Asst. U.S. Atty., Barry Kutun, Coal Gables, for appellees.

Before PEARSON, HENDRY and NATHAN, JJ.

PER CURIAM.

David Chaykin, plaintiff in the trial court, brought suit against Jon R. Kant and Terry A. Kant, the heirs of Samuel J. Kant, deceased, to foreclose a mortgage secured by a note in the sum of $50,000 given by the deceased on his home. The United States government was joined as a party defendant by virtue of an Internal Revenue tax lien which was filed against Samuel J. Kant.

Jon and Terry Kant defended the suit by alleging, in essence, that the...

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