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NESMITH v. LYNN

377 A.2d 352 (1977)

Eddie NESMITH and Frances Nesmith, his wife, Defendants, and Third-Party Plaintiffs below, Appellants, v. James T. LYNN, in his capacity as Secretary of Housing and Urban Development of the United States of America, Third-Party Defendant below, Appellee, v. SHORE SAVINGS AND LOAN ASSOCIATION, a Foreign Corporation, Plaintiff below, Appellee.

Supreme Court of Delaware.

Decided July 25, 1977.

Attorney(s) appearing for the Case

Gary A. Myers of Community Legal Aid Society, Inc., Georgetown, for defendants and third-party plaintiffs below, appellants.

W. Laird Stabler, Jr., U.S. Atty., and John X. Denney, Jr., Asst. U.S. Atty., Wilmington, for third-party defendant below, appellee.

Paul R. Reed, Georgetown, for plaintiff below, appellee.

Before HERRMANN, Chief Justice, DUFFY and McNEILLY, JJ.

McNEILLY, Justice:

The sole issue in this mortgage foreclosure case is the propriety of a third party complaint filed pursuant to Superior Court Civil Rule 14(a).1 Defendants to the foreclosure by their third party action seek monetary relief from the Secretary of Housing and Urban Development of the United States (HUD) for not requiring forbearance from foreclosure by the mortgagee under the guidelines of a HUD handbook. The Superior...

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