LINDY v. UNITED STATES

No. 101-75.

546 F.2d 371 (1976)

Philip B. LINDY, trading as Fountain View Apartments v. The UNITED STATES.

United States Court of Claims.

December 15, 1976.


Attorney(s) appearing for the Case

Victor Wright, Philadelphia, Pa., attorney of record, for plaintiff; Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., of counsel.

Arlene Fine, Washington, D. C., with whom was Asst. Atty. Gen. Rex E. Lee, Washington, D. C., for defendant.

Before COWEN, Chief Judge, and DAVIS and BENNETT, Judges.


BENNETT, Judge.

This suit for refund of an FHA inspection fee comes before the court on defendant's motion and plaintiff's cross-motion for summary judgment. A provision of the National Housing Act of 1934, as amended and printed at 12 U.S.C. § 1713(d) (1970), reads in part: "* * * [T]he Secretary [of HUD] is authorized to charge and collect such amounts as he may deem reasonable for the appraisal of a property or project...

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