CHARMICOR v. DEANER

No. 76-3324.

572 F.2d 694 (1978)

CHARMICOR, INC., a Nevada Corporation, Plaintiff-Appellant, v. J. Douglas DEANER, Joan L. Swift, David P. Boyer, Harold H. Wise, Dorothy Wise, United Mortgage Company, Chicago Title Insurance Company and Ivy Hammil, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

March 24, 1978.


Attorney(s) appearing for the Case

Charles L. Kellar, Las Vegas, Nev., for plaintiff-appellant.

Charles W. Deaner, Las Vegas, Nev., for defendants-appellees.

Before WRIGHT, CHOY and TANG, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

Plaintiff corporation alleged that its statutory and constitutional rights have been violated by operation of Nevada's nonjudicial foreclosure statute. The statute confers upon a trustee, pursuant to agreement in a trust deed, power of sale after breach of the underlying obligation by the debtor.

Appellant contends that the statute offends due process by failing to provide a pre-sale hearing and that it offends civil rights...

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