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SAPP v. HARDY

Civ. A. No. 2433.

204 F.Supp. 602 (1962)

David SAPP, individually and as co-partner trading as Dorset Apartments; Brodney Corp., a Delaware corporation, Plaintiffs, v. Neal J. HARDY, Commissioner, Federal Housing Administration; Henry M. Winchester, Jr., District Director, Federal Housing Administration; and Kevy Kaiserman, Defendants.

United States District Court D. Delaware.

March 30, 1962.

Attorney(s) appearing for the Case

H. B. Rubenstein and Frederick Knecht, Jr. (of Leshem & Rubenstein), Wilmington, Del., Michael H. Egnal, Philadelphia, Pa., for plaintiffs.

Stanley C. Lowicki, Asst. U. S. Atty., for defendants Hardy and Winchester.

Harry Rubenstein and Alfred Fraczkowski, Wilmington, Del., for defendant Kaiserman.

RODNEY, Senior District Judge.

This is a motion under Rule 12(b) (1), F.R.Civ.P., 28 U.S.C.A., to dismiss the action because of the alleged lack of jurisdiction in the Court of the subject matter of the action.

The action generally seeks to prevent the consummation of a commitment for the insurance of a mortgage by the Federal Housing Administration and covering an apartment house proposed to be erected at 2401 Pennsylvania Avenue in Wilmington, Delaware....

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