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YOUNG & SIMON, INC. v. MERRITT SAV. & LOAN, INC.

No. 81-1135.

672 F.2d 401 (1982)

YOUNG & SIMON, INCORPORATED; Maury Young; and Isabel Young, Appellants, v. MERRITT SAVINGS & LOAN, INCORPORATED; Gilbert H. Cullen; Milton Sommers, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 1, 1982.

Rehearing and Rehearing Denied April 30, 1982.

Attorney(s) appearing for the Case

Michael S. Marcus, Arlington, Va. (William E. Donnelly, Lewis, Wilson, Lewis & Jones, Ltd., Arlington, Va., on brief), for appellants.

Richard E. Dixon, Fairfax, Va. (Swinburne & Dixon, Fairfax, Va., on brief), for appellees.

Before WIDENER, PHILLIPS and SPROUSE, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 30, 1982.

JAMES DICKSON PHILLIPS, Circuit Judge:

Young & Simon, Inc., (Young) sued Merritt Savings & Loan (Merritt) for wrongful foreclosure of a residential property called Potomac House, which was sold at a distress sale in late 1979 and resold in early 1980 after the trustee released the 1979 bidders. Young's primary complaint involved Merritt's alleged failure to abide by the terms of a joint venture...

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