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FEDERAL DEPOSIT INS. v. FIRST MORTG. INVESTORS

No. 78-C-212.

459 F.Supp. 880 (1978)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff, v. FIRST MORTGAGE INVESTORS, a Massachusetts trust, Defendant.

United States District Court, E. D. Wisconsin.

As Amended November 1, 1978.

Attorney(s) appearing for the Case

William J. French, Gibbs, Roper, Loots & Williams, Milwaukee, Wis., for plaintiff.

Russell A. Eisenberg, Howard, Peterman & Eisenberg, Milwaukee, Wis., for defendant.

MEMORANDUM AND ORDER

WARREN, District Judge.

This action was originally commenced by the American City Bank & Trust Company (American City) in August, 1974, in the Circuit Court for Milwaukee County, Wisconsin to collect against defendant on a demand promissory note. American City succeeded on a motion for summary judgment in the trial court which held that the alleged secret oral agreement raised by defendant First Mortgage Investors (FMI) was precluded...

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