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IMPAC LTD., INC. v. THIRD NAT. BANK

541 S.W.2d 139 (1976)

IMPAC LIMITED, INC., et al., Appellants, v. THIRD NATIONAL BANK and First and Mid-South Mortgage Company, Appellees.

Supreme Court of Tennessee.

August 16, 1976.

Attorney(s) appearing for the Case

Gail P. Pigg, Nashville, for appellant.

Thomas P. Kanaday, Jr., Stephen W. Ramp, Farris, Evans & Warfield, Nashville, for appellees.

OPINION

FONES, Justice.

The question presented by this interlocutory appeal is whether a section of the National Bank Act prohibits a state court from issuing an injunction against a national bank, as mortgagee, temporarily restraining it from foreclosing upon appellant's property.

Appellant brought this action against appellee in the Chancery Court of Davidson County when appellee declared appellant in default on a note secured by a deed of trust...

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