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DIEFFENBACH v. ATTORNEY GENERAL OF VERMONT

No. 902, Docket 78-7507.

604 F.2d 187 (1979)

L. Paul DIEFFENBACH, Jr., Appellant, v. ATTORNEY GENERAL OF VERMONT, Hazel M. Stevenson, Robert B. Young, First National Bank of Orwell, Inc., Appellees.

United States Court of Appeals, Second Circuit.

Decided August 8, 1979.

Attorney(s) appearing for the Case

L. Paul Dieffenbach, Jr., pro se.

Michael R. Gadue, Asst. Atty. Gen., Burlington, Vt. (M. Jerome Diamond, Atty. Gen. of Vermont, Montpelier, Vt., of counsel), for appellees Attorney General and Stevenson.

John A. Kelley, Middlebury, Vt., for appellees Young and First National Bank of Orwell, Inc.

Before SMITH, OAKES, and VAN GRAAFEILAND, Circuit Judges.

OAKES, Circuit Judge:

Appellant pro se challenges on equal protection and due process grounds the so-called "strict foreclosure" laws of the state of Vermont under which on foreclosure of a real estate mortgage the mortgagee owns the mortgaged property absolutely and need not apply the proceeds of any sale in satisfaction of the mortgage debt. Appellant also seeks to challenge on constitutional grounds a Vermont statute, 12 Vt.Stat. Ann. § 4601,

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