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SOUTHEAST MORTGAGE COMPANY v. MULLINS

No. 74-1993.

514 F.2d 747 (1975)

SOUTHEAST MORTGAGE COMPANY, Plaintiff-Appellee, v. Betty Ruth MULLINS, Defendant-Third-Party Plaintiff-Appellant, v. Carla Anderson HILLS, as Secretary of the United States Department of Housing, etc., et al., Third-Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 16, 1975.

Attorney(s) appearing for the Case

Steven Wisotsky, Legal Services of Greater Miami, Inc., Miami, Fla., Robert A. Bertisch, Legal Services of Greater Miami, Inc., Perrine, Fla., for defendant-third-party plaintiff-appellant.

Robert W. Rust, U. S. Atty., Carol M. Anderson, Mary Ella Johnson, Asst. U. S. Attys., Miami, Fla., William Saxbe, U. S. Atty. Gen., U. S. Dept. of Justice, Washington, D. C., for third-party defendants-appellees.

C. Victor Tutan, James A. Smith, Miami, Fla., for plaintiff-appellee.

Before WISDOM and DYER, Circuit Judges, and KRAFT, District Judge.

DYER, Circuit Judge:

On this appeal we are called upon to review an order dismissing with prejudice a third party complaint filed against the Department of Housing and Urban Development (HUD)1 by the defendant in a state mortgage foreclosure proceeding. The action came before the district court following removal by HUD pursuant to 28 U.S.C.A. § 1442, and is somewhat complicated by the fact that, following HUD's dismissal, the suit...

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