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UNITED STATES v. PALMER

No. 76-3343.

578 F.2d 144 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. John E. PALMER, Jr., et al., Defendants Third-Party Plaintiffs-Appellants, v. LAMAR LIFE INSURANCE COMPANY, Third-Party Defendant Appellee.

United States Court of Appeals, Fifth Circuit.

August 14, 1978.

Attorney(s) appearing for the Case

George H. Kolb, Daniel J. Sheehan, Jr., Dallas, Tex., for John E. Palmer, Jr., et al.

Michael P. Carnes, U.S. Atty., Martha Joe Stroud, Asst. U.S. Atty., Dallas, Tex., for the U.S.

Dwight Marshall Simmons, William D. Sims, Jr., Dallas, Tex., for Lamar Life Ins. Co.

Before THORNBERRY, RONEY and HILL, Circuit Judges.

PER CURIAM:

The sole issue on this appeal is whether the guarantors of a second mortgage can attack for fraud the foreclosure sale held by the primary mortgagee, where the sale leaves nothing to pay the secondary mortgage they had guaranteed. We hold that the guarantors lack standing to attack the foreclosure.

The facts of this case involve two separate loans and several related businesses and individuals. The first loan was made in 1969 by Lamar Life Insurance...

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