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FITZGERALD v. CLELAND

Civ. No. 76-54-B.

498 F.Supp. 341 (1980)

John W. FITZGERALD and Jane M. Fitzgerald, Plaintiffs, v. Max CLELAND, in his official capacity as Administrator of Veterans Affairs, and Philip Singer Day, Defendants.

United States District Court, D. Maine.

July 30, 1980.

Attorney(s) appearing for the Case

Howard T. Reben, Portland, Me. (Donald F. Fontaine, Portland, Me., of counsel), for plaintiffs.

Paula D. Silsby, Asst. U.S. Atty., Portland, Me. (Thomas E. Delahanty, II, U.S. Atty., Portland, Me., of counsel), for defendant Cleland; George P. Limberis, Bangor, Me., for defendant Day.

OPINION AND ORDER OF THE COURT

TIMBERS, Circuit Judge:*

This action arises from plaintiffs' default on a home loan guaranteed by the Veterans Administration (VA) and the subsequent foreclosure by the lender, The Bangor Savings Bank (the Bank), and the sale of the property by the VA. Plaintiffs contend (1) that the lender's foreclosure pursuant to 14 Me.Rev.Stat.Ann. § 6203(2) violated their Fourteenth Amendment right to...

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