EYDE v. EMPIRE OF AMERICA FEDERAL SAV. BANK

No. 88-CV-71049-DT.

701 F.Supp. 126 (1988)

Patrick EYDE, Michael G. Eyde, Mary Ann Eyde, and Eyde Brothers Development Company, a Michigan co-partnership, Plaintiffs, v. EMPIRE OF AMERICA FEDERAL SAVINGS BANK, a foreign corporation; and Federal Home Loan Mortgage Corp., a foreign corporation, jointly and severally, Defendants.

United States District Court, E.D. Michigan, S.D.

October 6, 1988.


Attorney(s) appearing for the Case

Joseph A. Farhat, East Lansing, Mich., for plaintiffs.

Robert J. McCullen, Lansing, Mich., Mark S. Allard, Grand Rapids, Mich., for defendants.


MEMORANDUM OPINION AND ORDER

ZATKOFF, District Judge.

This cause of action arises out of a dispute between the parties concerning prepayment premiums assessed against the Plaintiffs by the Defendants, for the prepayment of two promissory notes. Plaintiffs paid the premiums under protest and are now moving for Summary Judgment on their claim they are entitled to a refund.

I. FACTS

On October 9, 1973, Plaintiffs Patrick Eyde, Mary Ann Eyde...

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