BROWN v. LYNN

No. 73 C 334.

385 F.Supp. 986 (1974)

Johnnie D. BROWN and Louis and Leeana Brooks, Individually and on behalf of all others similarly situated, Plaintiffs under Counts I and II, and Calvin and Miriam Moore et al., Plaintiffs under Counts III and IV, v. James T. LYNN, Individually and as the Secretary of the United States Department of Housing and Urban Development, et al., Defendants, and L. E. Lay & Company, Inc., an Arkansas corporation and Simmons First National Bank of Pine Bluff, Arkansas, a National Banking Corporation, Defendants under Counts I and II, and First Federal Savings and Loan Association of Gary, an Indiana association, et al., Defendants under Counts III and IV.

United States District Court, N. D. Illinois, E. D.

October 11, 1974.


Attorney(s) appearing for the Case

C. Daniel Hershenson, Seymour J. Mansfield, Legal Assistance Foundation of Chicago, Chicago, Ill., for plaintiffs.

James R. Thompson, U. S. Atty., Robert B. Schaefer, Asst. U. S. Atty., George A. Platz, III, Thomas M. Russell, Sidley & Austin, Elmer M. Walsh, Jr., H. Barringer Pusch, Thomas C. Strachen, Schumacher, Gilmore, Staub, Wade & Jones, Ronald J. Guild, Neal R. Toback, Teitelbaum, Wolfberg & Guild, Shapiro, Kreisman & Epstein, Barry M. Fisher, Fisher & Fisher, Chicago, Ill., for defendants.


OPINION

WILL, District Judge.

The plaintiffs bring this action individually and on behalf of all other persons who either own or will own homes under section 203, 12 U.S.C. § 1709, or section 235, 12 U.S.C. § 1715z of the National Housing Act. The plaintiffs, all of whom possess mortgages under these programs, allege that the named mortgagees, by instituting foreclosure proceedings against the plaintiffs without adequate prior notice or an opportunity...

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