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FIRST NAT. BANK OF CHICAGO v. JEFFERSON MTG. CO.

Nos. 77-1040 and 77-1505 to 77-1507.

576 F.2d 479 (1978)

The FIRST NATIONAL BANK OF CHICAGO, Appellant (Appellee and Cross-Appellant), v. JEFFERSON MORTGAGE COMPANY, Appellee (Appellee and Cross-Appellee), v. J. I. KISLAK MORTGAGE COMPANY, INC., Appellee (Appellant and Cross-Appellee).

United States Court of Appeals, Third Circuit.

Decided March 31, 1978.

As Amended May 16, 1978.

Attorney(s) appearing for the Case

John C. Lifland, Stryker, Tams & Dill, Newark, N. J., for appellant The First National Bank of Chicago.

Richard L. Plotkin, Pitney, Hardin & Kipp, Morristown, N. J., for third party defendant-appellee J. I. Kislak Mortgage Co., Inc.

Donald S. Ryan, Schantz, Tropp & Ryan, Haddonfield, N. J., for appellee Jefferson Mortgage Co.

Before ALDISERT and WEIS, Circuit Judges, and CHRISTENSEN, District Judge.

OPINION OF THE COURT

CHRISTENSEN, District Judge.

These consolidated appeals from the same diversity of citizenship case tried to the court involve an oral contract to sell mortgage-backed securities for $5,000,000. The case began rather simply.

The First National Bank of Chicago alleged in its complaint that through a mortgage broker, J. I. Kislak Mortgage Co., it entered into a contract by which it purchased from the defendant, Jefferson Mortgage...

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