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BITUMINOUS CASUALTY CORPORATION v. LYNN

Nos. 73-2043, 73-2044.

503 F.2d 636 (1974)

BITUMINOUS CASUALTY CORPORATION, Appellee and Cross-Appellant, v. James T. LYNN, Secretary of Housing and Urban Development, Appellant and Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 2, 1974.

Attorney(s) appearing for the Case

Michael H. Stein, Appellate Section, Civil Div., Dept. of Justice, Washington, D.C., for appellant and cross-appellee; Irving Jaffe, Acting Asst. Atty. Gen., Washington, D. C., Eugene E. Siler, Jr., U. S. Atty., Lexington, Ky., William Kanter, Atty., Dept. of Justice, Washington, D. C., on brief.

Arnold M. Weiner, Baltimore, Md., for appellee and cross-appellant; Robert E. Cahill, Baltimore, Md., Charles Landrum, Jr., Lexington, Ky., on brief.

Before PHILLIPS, Chief Judge, and McCREE, and ENGEL, Circuit Judges.

PHILLIPS, Chief Judge.

This is an action to recover on a contract of reinsurance issued by the Department of Housing and Urban Development to Bituminous Casualty Corporation pursuant to the Urban Property Protection and Reinsurance Act of 1968, 12 U.S.C. §§ 1749bbb-1 to 1749bbb-21.

In case No. 73-2043 the Secretary appeals from the judgment of the District Court awarding a recovery to Bituminous under its contract in the amount of $372,167.58 plus...

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