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DAVIS v. ROMNEY

Nos. 73-1249, 73-1420.

490 F.2d 1360 (1974)

Rubylee DAVIS et al., Appellants in No. 73-1249. v. George W. ROMNEY, Individually and in his capacity as Secretary of Housing and Urban Development, et al., Appellants in No. 73-1420.

United States Court of Appeals, Third Circuit.

Decided January 14, 1974.

As Amended January 28, 1974.

Attorney(s) appearing for the Case

George D. Gould, Sally Akan, Jonathan M. Stein, Community Legal Services, Inc., Philadelphia, Pa., for plaintiffs-appellants in No. 73-1249 and for plaintiffs-appellees in No. 73-1420.

Robert E. J. Curran, U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., for appellees in No. 73-1249 and for appellants in No. 73-1420.

Israel Packel, Atty. Gen., J. Justin Blewitt, Jr., Deputy Atty. Gen., amicus curiae.

Before SEITZ, Chief Judge, and HUNTER and WEIS, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

Plaintiffs are five purchasers of homes whose mortgages were insured by the Federal Housing Administration (FHA). Insurance on these mortgages was issued under the "existing home" provisions of §§ 221 and 235 of the National Housing Act, 12 U.S.C. §§ 1715l and 1715z (1970).1 Their complaint, on behalf of "all persons in the City of Philadelphia who have purchased...

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