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HOFFMAN v. UNITED STATES DEPT. OF H. & U. DEVELOPMENT

No. 74-1882.

519 F.2d 1160 (1975)

Robert HOFFMAN and wife, Joanna Hoffman, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 3, 1975.

Attorney(s) appearing for the Case

Malcolm L. Hughes, Wichita Falls, Tex., for plaintiffs-appellants.

Duncan Boeckman, Dallas, Tex., amicus curiae, for Federal Nat'l Mortgage Assoc.

Frank D. McCown, U. S. Atty., William L. Johnson, Asst. U. S. Atty., Fort Worth, Tex., John L. Hill, Atty. Gen., State of Tex., Robert W. Gauss, Asst. Atty. Gen., Austin, Tex., James T. Lynn, Sec. of Housing & Urban Dev., U. S. Dept. of Housing & Urban Dev., Wallace H. Johnson, Asst. Atty. Gen., Dept. of Justice, Washington, D.C., Keith Nelson, Wichita Falls, Tex., Carl Strass, John J. Zimmerman, Attys., Dept. of Justice, Washington, D.C., for defendants-appellees.

Before RIVES, GEWIN and GOLDBERG, Circuit Judges.

RIVES, Circuit Judge:

This appeal is from a final judgment sustaining defendants' motion to dismiss for failure of the plaintiffs to state a claim within the jurisdiction of the district court, and also denying plaintiffs' request for the convening of a three-judge court.

We may consider the undisputed facts alleged in the complaint and disclosed in the hearing on plaintiffs' motion for a preliminary injunction.1 With the assistance...

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