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OGLETHORPE CO. v. UNITED STATES

No. 228-74.

558 F.2d 590 (1977)

The OGLETHORPE COMPANY, the Peachtree-Chamblee Company and the Golf Club Company v. The UNITED STATES.

United States Court of Claims.

July 8, 1977.

Attorney(s) appearing for the Case

Emil T. Bayko, Chicago, Ill., atty. of record for plaintiff. Richard H. Appert, New York City, Donald T. MacNaughton, White & Case, Washington, D.C., and John J. Czyzewski, Fairfax, Va., of counsel.

Dorothy R. Burakreis, Washington, D.C., with whom was Asst. Atty. Gen. Barbara Allen Babcock, Washington, D.C., for defendant.

Before COWEN and SKELTON, Senior Judges, and KUNZIG, Judge.

KUNZIG, Judge.

This case, before the court on cross-motions for summary judgment, presents a challenge by the Oglethorpe Company, the Peachtree-Chamblee Company, and The Golf Club Company (plaintiffs) to the sale and purchase of their properties by the Secretary of the Department of Housing and Urban Development (HUD) at foreclosure sale. Plaintiffs are defaulting mortgagors on Federal Housing Administration (FHA) insured mortgages claiming the difference between...

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