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LINDY v. LYNN

No. 73-2056.

501 F.2d 1367 (1974)

Philip B. LINDY t/a Fountain View Apts., a Pennsylvania Limited Partnership, Appellant, v. James LYNN, Secretary of Housing and Urban Development, et al.

United States Court of Appeals, Third Circuit.

Decided July 15, 1974.

Rehearing Denied October 7, 1974.

Attorney(s) appearing for the Case

Victor Wright, Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., for appellant.

John K. Villa, Dept. of Justice, Irving Jaffe, Acting Asst. Atty. Gen., Washington, D. C., Victor L. Schwartz, Asst. U. S. Atty., Philadelphia, Pa., for appellees Lynn, Kingman, LaSala and United States.

H. Kenneth Tull, Wright, Thistle & Gibbons, Philadelphia, Pa., for appellee Frankford Trust Co.

Before MARIS, HUNTER and GARTH, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) June 27, 1974.

OPINION OF THE COURT

MARIS, Circuit Judge.

This is an appeal from the judgment of the district court dismissing the plaintiff's cause of action on the merits. Plaintiff, Philip B. Lindy, trading as Fountain View Apartments, had obtained from Metropolitan Federal Savings and Loan Association a mortgage loan to finance the construction of a large apartment building in Philadelphia. The mortgage...

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