Bunn v. Werner
This text of 210 F.2d 730 (Bunn v. Werner) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appellants filed a complaint for an injunction to prevent a foreclosure sale of certain real estate under a deed of trust securing a usurious note, and for reformation of the note and deed of trust. Appellants moved at the same time for a preliminary injunction to prevent the sale. This appeal is from an order overruling that motion.
When the appeal was argued counsel for each side said in open court that the foreclosure sale had taken place. It follows that this appeal must be dismissed as moot and the case remanded to the District Court for final hearing on the merits. At that hearing the District Court will not be bound by the findings and conclusions on which the denial of a preliminary injunction was based.
Remanded.
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Cite This Page — Counsel Stack
210 F.2d 730, 93 U.S. App. D.C. 363, 1954 U.S. App. LEXIS 2490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bunn-v-werner-cadc-1954.