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CONTINENTAL MANAGEMENT, INC. v. UNITED STATES

No. 223-74.

527 F.2d 613 (1975)

CONTINENTAL MANAGEMENT, INC. and Stateside Investment Corp., Plaintiffs, Federal Deposit Insurance Corporation, Third-Party Plaintiff, v. The UNITED STATES.

United States Court of Claims.

December 17, 1975.

Attorney(s) appearing for the Case

J. Michael Hines, Washington, D. C., for plaintiff; James A. Treanor, III, attorney of record. Daniel M. Redmond and Dow, Lohnes & Albertson, Washington, D. C., of counsel.

Werner Goldman, Washington, D. C., for Federal Deposit Ins. Corp., third-party plaintiff; Douglas H. Jones, Washington, D. C., of counsel.*

Alexander Younger, Washington, D. C., with whom was Asst. Atty. Gen. Rex E. Lee, for defendant; Leslie H. Wiesenfelder, Washington, D. C., of counsel.

Before DAVIS, NICHOLS and KUNZIG, Judges.

ON PLAINTIFF'S MOTION TO DISMISS DEFENDANT'S FIRST COUNTERCLAIM AND DEFENDANT'S CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT

DAVIS, Judge.

Continental Management and State-Side Investment have sued the United States for sums allegedly due them under contracts of mortgage insurance issued by the Federal Housing Administration (FHA). The Government has responded with an answer, a special plea in fraud, and four counterclaims. Only the first counterclaim, in which...

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