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BRETT v. FIRST FEDERAL SAVINGS & LOAN ASSOCIATION

No. 71-1379 Summary Calendar.

461 F.2d 1155 (1972)

Charles BRETT, Individually and in behalf of all other Mortgagors of First Federal Savings and Loan Association, et al., Plaintiffs-Appellants, v. FIRST FEDERAL SAVINGS & LOAN ASSOCIATION et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 30, 1972.

Attorney(s) appearing for the Case

Don C. Alexander, Dallas, Tex., Durant F. Clements, Richardson, Tex., Dean Carlton, Dallas, Tex., of Clements, Kraus & Fiedler, Richardson, Tex., and of Alexander, Mackey, Bistany, Speck & Holland, Dallas, Tex., for plaintiffs-appellants.

Robert H. Thomas, Thomas C. Unis, and Robert C. Rice, Dallas, Tex., for defendant-appellee First Federal Savings & Loan Assn. of Dallas.

Frank Cusack, Dallas, Tex., for defendant-appellee Security Savings Assn.

John H. McElhaney, Bruce W. Bowman, Jr., of Turner, Rodgers, Winn, Scurlock & Sailers, Dallas, Tex., for defendant-appellee, Oak Cliff Savings and Loan Assn.

John W. Clark, Jr. and J. Glenn Turner, Jr., of Turner, Hitchins, McInerney, Webb & Hartnett, Dallas, Tex., for defendant-appellee, American Savings Assn.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

INGRAHAM, Circuit Judge:

Plaintiffs-appellants brought this class action on behalf of themselves and other similarly situated homeowners against their respective mortgagees, the defendant savings and loan associations. Plaintiffs alleged that defendants entered into a conspiracy to illegally enforce unlawful "due on sale" clauses found in their deeds of trust, and that defendants conspired to refuse to allow any mortgagor to sell or convey the mortgaged property unless...

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