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INTERNATIONAL PAPER CO. v. WHITSON

No. 77-1393.

595 F.2d 559 (1979)

INTERNATIONAL PAPER COMPANY, a corporation, Plaintiff, v. Edmund R. WHITSON and Carolyn J. Whitson, Defendants-Appellees, United States of America, Secretary of Housing and Urban Development, Defendants-Appellants, E. D. Hill Surveying and Engineering Co., Advance Mortgage Corporation and Roosevelt Savings Bank of the City of New York, Defendants.

United States Court of Appeals, Tenth Circuit.

Decided April 2, 1979.

Attorney(s) appearing for the Case

Edmund R. Whitson, pro se.

Barbara L. Herwig, Atty., App. Section, Civ. Div., Dept. of Justice, Washington, D. C. (Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., John E. Green, U. S. Atty., Oklahoma City, Okl., Leonard Schaitman and Thomas G. Wilson, Attys., App. Section, Civ. Div., Dept. of Justice, Washington, D. C., on brief), for United States of America, defendant-appellant.

Before McWILLIAMS, BARRETT and DOYLE, Circuit Judges.

McWILLIAMS, Circuit Judge.

The issue presented by this appeal is whether in connection with the foreclosure of a mortgage the United States is precluded from obtaining a deficiency judgment because it failed to seek such a judgment within 90 days of the foreclosure sale as required by Oklahoma statute. The trial court held that the United States was so precluded, and the United States now appeals.

Edmund and Carolyn Whitson determined to build an apartment...

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