UNITED STATES v. VIEW CREST GARDEN APTS., INC.

No. 16229.

268 F.2d 380 (1959)

UNITED STATES of America, Appellant, v. VIEW CREST GARDEN APTS., INC., a Corporation, et al., Appellees.

United States Court of Appeals Ninth Circuit.

June 22, 1959.


Attorney(s) appearing for the Case

George Cochran Doub, Asst. Atty. Gen., Seymour Farber, Alan S. Rosenthal, William E. Mullin, Jr., Samuel D. Slade, Attorneys, Department of Justice, Washington, D. C., Charles P. Moriarty, U. S. Atty., Richard F. Broz, Asst. U. S. Atty., Seattle, Wash., for appellant.

Lycette, Diamond & Sylvester, Josef Diamond and Lyle S. Iversen, Seattle, Wash., for appellees.

Before POPE, ORR, and HAMLEY, Circuit Judges.


ORR, Circuit Judge.

Appellee, View Crest Garden Apts., Inc., borrowed money from the National Bank of Commerce of Seattle, hereafter Bank. A mortgage was executed by appellee as mortgagor to the Bank as Mortgagee. Mortgage insurance was agreed to by the Federal Housing Insurance Authority, hereafter FHA, pursuant to its duly constituted authority. The mortgage form used was a printed one formulated by the FHA and contained a provision to the effect that in the event...

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