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FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF WINTER HAVEN v. SIEGEL

No. 81-949 Civ T K.

529 F.Supp. 562 (1982)

FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF WINTER HAVEN, Plaintiff, v. Glenn N. SIEGEL and wife, Nancy R. Siegel, and Harold W. Rickard and wife, Kay Rickard, Defendants.

United States District Court, M. D. Florida, Tampa Division.

January 12, 1982.

Attorney(s) appearing for the Case

Roy C. Summerlin, Summerlin, Connor & Braisted, Winter Haven, Fla., for plaintiff.

Stephen C. Watson, Hahn, Breathitt, Roberts & Watson, P. A., Phillip O. Allen, DeVane, Musson & Allen, Lakeland, Fla., for defendants.

ORDER

KRENTZMAN, Chief Judge.

The Court has for consideration defendants' motion to dismiss, for lack of subject matter jurisdiction.

As defendants suggest, the remedies sought by plaintiff indicate that this is a "plain vanilla" nondiversity suit for foreclosure of a mortgage. While the complaint is entitled "Complaint for Declaratory Judgment" and seeks to allege a case or controversy as to interpretation...

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