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PELLEGRINO v. MARATHON BANK

No. 80-5082.

640 F.2d 696 (1981)

Robert J. PELLEGRINO, Plaintiff-Appellant, v. The MARATHON BANK, a Florida Banking Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing Denied May 20, 1981.

Attorney(s) appearing for the Case

Frank P. Samford, III, Decatur, Ga., for plaintiff-appellant.

A. M. Schwitalla, Coral Gables, Fla., Mitchell L. Lundeen, Thomas L. Hurst, Miami, Fla., for defendant-appellee.

Before HILL and FRANK M. JOHNSON, Jr., Circuit Judges, and SCOTT, District Judge.

PER CURIAM:

I.

On three separate occasions in 1976 and 1977, plaintiff Robert J. Pellegrino borrowed money from defendant Marathon Bank (Bank) to finance construction of a home in Florida. Each loan was secured by a mortgage on the home. In July 1977, Bank instituted foreclosure proceedings in state court and obtained a judgment against Pellegrino for $70,880.60. In post-trial motions, Pellegrino alleged for the first time that Bank had, in extending the...

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