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STATE MUT. LIFE ASSUR. CO. v. DEER CREEK PARK

No. 77-1393.

612 F.2d 259 (1979)

STATE MUTUAL LIFE ASSURANCE COMPANY OF AMERICA, Plaintiff-Appellee, v. DEER CREEK PARK et al., Defendants, Burnac Mortgage Investors, Ltd., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 28, 1979.

Attorney(s) appearing for the Case

Stephen Wasinger, Honigman, Miller, Schwartz & Cohn, Detroit, Mich., for defendant-appellant.

Robert S. Bolton, Richard P. Saslow, Butzel, Fruhauf, Keidan, Simon, Myers & Graham, Detroit, Mich., for plaintiff-appellee.

Before WEICK, LIVELY and ENGEL, Circuit Judges.

ENGEL, Circuit Judge.

While the facts are complicated, the dispute in this Michigan diversity action centers on competing mortgage interests held by plaintiff State Mutual Life Assurance Company of America and defendant Burnac Mortgage Investors, Inc., in a Michigan apartment-condominium development known as Deer Creek Park Apartments.

Prior to April, 1972, the Deer Creek project was beneficially owned by a partnership comprised of Mayer Morganroth and Martin...

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