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IN RE ORMOND BEACH ASSOCIATES LTD. PARTNERSHIP

No. 98-5030.

184 F.3d 143 (1999)

In re ORMOND BEACH ASSOCIATES LIMITED PARTNERSHIP, Debtor. Citation Mortgage, Ltd. and Citation Mortgage Corporation, Creditors-Appellants, Citation-Ormond in the Pines, Ltd., Creditor, v. Ormond Beach Associates Limited Partnership, Debtor-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 23, 1999.

Attorney(s) appearing for the Case

John H. Pelzer, Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, FL, for Creditors-Appellants.

Leighton Aiken, Dana M. Campbell, Owens, Clary & Aiken, L.L.P., Dallas, TX, Ira H. Goldman, Shipman & Goodwin, Hartford, CT, for Debtor-Appellee.

Before: KEARSE and SACK, Circuit Judges, and STEIN, District Judge.

SACK, Circuit Judge:

At the core of this appeal is a conflict over a mortgage default in Florida. Payments on the mortgage have long-since ceased and the collateral property was sold at auction long ago for a sum insufficient to cover the mortgaged debt. Filing suit in Florida state court, appellants sought, among other things, to recover that deficiency from appellee Ormond Beach Associates, L.P. ("Ormond Beach"), as well as damages for Ormond Beach's allegedly inappropriate...

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