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BANK OF NEW YORK, AS TRUSTEE v. MEHNER

No. CIV. 05-355 JB/WDS.

375 F.Supp.2d 1316 (2005)

BANK OF NEW YORK, AS TRUSTEE, Plaintiff, v. Karl E. MEHNER; Francis J. Mehner; State of New Mexico Department of Labor; United States of America(IRS); John Doe and Jane Doe, (true names unknown), Tenants, Defendants.

United States District Court, D. New Mexico.

May 31, 2005.

Attorney(s) appearing for the Case

Susan C. Little, Jeannette B. Martinez, Susan C. Little & Associates, P.A., Paul M. Kienzle III, Scott & Kienzle, P.A., Albuquerque, NM, for Plaintiff.

Karl E. Mehner, Francis Jo Mehner, Sandia Park, NM, for Defendants pro se.

David Iglesias, United States Attorney, Manuel Lucero, Assistant United States Attorney, Albuquerque, NM, for Defendant United States of America, Internal Revenue Service.

MEMORANDUM OPINION AND ORDER

BROWNING, District Judge.

THIS MATTER comes before the Court on Defendants Karl Erich Mehner and Francis J. Mehner's request for a temporary restraining order, filed at 5:13 p.m. on March 30, 2005 (Doc. 3). The Court held a hearing on the Mehners' request at 8:30 a.m. on March 31, 2005. The primary issue is whether the Court should stop the sale of the Mehners...

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