Bunn v. Werner

District of Columbia Circuit Court of Appeals

Argued Jan. 20, 1954.

Decided Feb. 11, 1954.

District of Columbia Circuit Court of Appeals · decided 1954-02-11

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1954-02-11

How this case has been cited

Cited by 8 later decisions — most recently February 2017

7 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 *731Mr. Robert H. Campbell, Clare, Mich., for appellants.

¶2Mr. Herman Miller, Washington, D. C., for appellees.

¶3Before EDGERTON, BAZELON, and FAHY, Circuit Judges.

¶4PER CURIAM.

¶5Appellants 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.

¶6 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.

¶7Remanded.