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LEVIN v. VIRGINIA NAT. BANK

Record No. 780814.

265 S.E.2d 758 (1980)

Bernard LEVIN and Carla deCreny Levin v. VIRGINIA NATIONAL BANK, Martin L. Rosen and First Realty Mortgage Corporation.

Supreme Court of Virginia.

April 18, 1980.

Attorney(s) appearing for the Case

Robert C. Nusbaum, Norfolk (Hofheimer, Nusbaum & McPhaul, Norfolk, on briefs), for appellants.

Charles W. Best, Jr., Norfolk (Kaufman & Oberndorfer, Norfolk, on brief), for appellees.

No brief or argument for Martin L. Rosen and First Realty Mortg. Corp., appellees.

Before I'ANSON, C. J., and CARRICO, COCHRAN, POFF, COMPTON and THOMPSON, JJ.

THOMPSON, Justice.

This appeal grows out of a motion for a declaratory judgment filed by Bernard Levin and Carla deCreny Levin, plaintiffs in the court below, on September 17, 1976. The motion for judgment embraced two causes of action, the first alleging that the plaintiffs, on June 19, 1972, executed a $50,000 deed of trust note payable to bearer representing loans then and thereafter made by Fidelity Commercial Company (FCC). The deed of trust note was secured...

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