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WEEMS v. McCLOUD

Nos. 78-1540, 78-1541.

619 F.2d 1081 (1980)

Kyle R. WEEMS, Trustee in Bankruptcy for Hamilton Mortgage Corporation, and the Federal Deposit Insurance Corporation, Liquidator for the Hamilton National Bank of Chattanooga, Plaintiffs-Appellees, v. Walter J. McCLOUD, II et al., Defendants, Walter J. McCloud, II, and Charles S. Wilder, Jr., Defendants-Appellants. Kyle R. WEEMS, Trustee in Bankruptcy for Hamilton Mortgage Corporation, and the Federal Deposit Insurance Corporation, Liquidator for the Hamilton National Bank of Chattanooga, Plaintiffs-Appellees Cross-Appellants, v. Walter J. McCLOUD II, et al., Defendants, Walter J. McCLOUD, II, and Charles S. Wilder, Jr., Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

June 25, 1980.

Attorney(s) appearing for the Case

Randall L. Hughes, Charles R. O'Kelley, Jr., Atlanta, Ga., for defendants-appellants.

Johnson & Montgomery, Albert S. Johnson, Harmon W. Caldwell, Jr., Atlanta, Ga., for plaintiffs-appellees.

Before GEE, TJOFLAT and ANDERSON, Circuit Judges.

R. LANIER ANDERSON, III, Circuit Judge:

This is a consolidation of two cases involving two separate tracts of land located in Gwinnett County, Georgia. Plaintiffs-appellees, Weems and The Federal Deposit Insurance Corporation (FDIC) sought confirmation of the nonjudicial sale of each tract of land conducted pursuant to a power of sale contained in security deeds they held as successors in interest respectively to Hamilton Mortgage Corporation and The Hamilton National...

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