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ANCHOR SAV. BANK v. ZENITH MORTG. CO.

No. 272, Docket 80-7427.

634 F.2d 704 (1980)

ANCHOR SAVINGS BANK, Plaintiff-Appellee, v. ZENITH MORTGAGE CO., Defendant-Appellant, v. KINGS PARK APARTMENTS, INC., Sundown Apartments New York Associates, Jay Fikes and Pioneer National Title Insurance Co., Third-Party Defendants.

United States Court of Appeals, Second Circuit.

Decided November 24, 1980.

Attorney(s) appearing for the Case

Peter J. Mastaglio, Cullen & Dykman, New York City, for plaintiff-appellee.

Edward M. Sills, New York City, for defendant-appellant.

Before LUMBARD, OAKES and NEWMAN, Circuit Judges.

OAKES, Circuit Judge:

This appeal is from a grant of summary judgment in favor of plaintiff Anchor Savings Bank (Anchor), a mortgagee whose mortgages on two pieces of property in Lubbock, Texas, were serviced by defendant Zenith Mortgage Company (Zenith). The United States District Court for the Eastern District of New York, Eugene H. Nickerson, Judge, held in this diversity case that Zenith had violated its mortgage servicing contract with Anchor by failing to collect...

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