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NATIONAL STATE BANK OF NEWARK v. UNITED STATES

Nos. 50-65, 60-65.

357 F.2d 704 (1966)

NATIONAL STATE BANK OF NEWARK v. The UNITED STATES. The BOWERY SAVINGS BANK v. The UNITED STATES.

United States Court of Claims.

March 18, 1966.

Attorney(s) appearing for the Case

James Brent Clarke, Jr., Washington, D. C., attorney of record, for plaintiff in No. 50-65.

Stuart D. Root, New York City, for plaintiff in No. 60-65; George D. Reycraft, Washington, D. C., attorney of record.

Manfred J. Schmidt, Washington, D. C., with whom was Asst. Atty. Gen. John W. Douglas, for defendant. Russell W. Koskinen, Washington, D. C., of counsel.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, and COLLINS, Judges.

LARAMORE, Judge.

These actions come to us after having been consolidated for the sole purpose of resolving the issues raised by defendant's motions to dismiss. Both plaintiffs are banks seeking to recover additional mortgage insurance benefits pursuant to contracts with the Federal Housing Administration (FHA). Defendant has moved to dismiss their claims for failure to state a claim upon which relief can be granted, and on the additional ground in the National State...

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