U.S. Court of Appeals for the D.C. Circuit, 1954

Bunn v. Werner

U.S. Court of Appeals for the D.C. Circuit · Decided February 11, 1954 · Edgerton, Bazelon, Fahy

210 F.2d 730; 93 U.S. App. D.C. 363; 1954 U.S. App. LEXIS 2490 (Federal Reporter, Second Series)

Counsel

Mr. Robert H. Campbell, Clare, Mich., for appellants., Mr. Herman Miller, Washington, D. C., for appellees.

Cases that cite this one

5 later published cases cite this decision.

Industrial Bank of Washington, a Corporation v. Walter N. Tobriner, Commissioners of the District of Columbia, and Theodore J. Scheve (D.C. Cir. 1968)
James A. Bunn v. Martin Weil (D.C. Cir. 1956)
Stoller v. Ocwen Financial Corp. (D.C. Cir. 2017)
NBC-USA HOUSING, INC., TWENTY-SIX v. Donovan (D.C. Cir. 2012)
Kessler v. Surface Transportation Board (D.C. Cir. 2011)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

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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