Legal Opinion

United States v. Caprice

District Court, D. New Jersey

Decided November 22, 1976No. Civ. 988-69PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM

BIUNNO, District Judge.

The U.S. Court of Appeals for the Third Circuit has filed an opinion August 23,1976, 541 F.2d 275, remanding the case (without deciding the appeal), “with directions to proceed forthwith” so that the parties and the court can address what the opinion designates as a “threshold question”, expressed as follows:

“Whether, under federal law, there can be resort to a deficiency judgment proceeding where a foreclosure sale has been ordered by the district court and a writ of execution has been returned unexecuted because the property was not sold when it was offered…

2Cases cited3 opinions

  1. Federal Title, C., Guaranty Co. v. LowensteinNew Jersey Court of Chancery · 1933
  2. Southland Financial Corp. v. Oil Screw Mary EvelynDistrict Court, E.D. Louisiana · 1965
  3. First Federal Savings & Loan Ass'n v. ZequeiraDistrict Court, D. Puerto Rico · 1968

3Cited by3 opinions

  1. Brickyard Associates v. Auburn Venture PartnersSupreme Judicial Court of Maine · 1993
  2. United States v. CapriceCourt of Appeals for the Third Circuit · 1977
  3. William Anthony Johnson v. United StatesCourt of Appeals for the Sixth Circuit · 1992

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