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FEDERAL DEPOSIT INS. v. NEW LONDON ENTERPRISES

No. 78-1399.

619 F.2d 1099 (1980)

FEDERAL DEPOSIT INSURANCE CORPORATION, Liquidator of Hamilton National Bank Chattanooga, and Kyle R. Weems, Trustee of Hamilton Mortgage Corporation, Plaintiffs-Appellees, v. NEW LONDON ENTERPRISES, LTD., a Georgia Corporation, Wayne H. Mason, James D. Mason and James F. Phillips, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 25, 1980.

Attorney(s) appearing for the Case

John W. Gibson, Fred L. Somers, Jr., Atlanta, Ga., for defendants-appellants.

Hansell, Post, Brandon & Dorsey, Lowell H. Hughen, Thomas E. Prior, Atlanta, Ga., for Federal Deposit Ins. Corp. and Kyle R. Weems, Trustee.

Before GEE, TJOFLAT and ANDERSON, Circuit Judges.

R. LANIER ANDERSON, III, Circuit Judge:

New London Enterprises, Ltd., Wayne H. Mason, James D. Mason, and James F. Phillips, defendants-appellants, appeal the confirmation of a nonjudicial sale of a parcel of land located in Gwinnett County, Georgia. They claim error in that (1) subject matter jurisdiction does not obtain, (2) the court below improperly denied them a jury trial, and (3) the court erred in denying their motion for continuance for time to complete discovery...

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