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GRAHAM v. CASTON

No. 76-1378.

568 F.2d 1092 (1978)

Ernestine GRAHAM et al., on behalf of themselves, and all others similarly situated, Plaintiffs-Appellants, v. A. B. CASTON, etc., et al., Defendants, United States of America, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

March 1, 1978.

Attorney(s) appearing for the Case

Charles V. McTeer, Greenville, Miss., Charles Williams, III, Jack Greenburg, New York City, for plaintiffs-appellants.

H. M. Ray, U.S. Atty., William M. Dye, Jr., Falton O. Mason, Jr., Asst. U.S. Attys., Oxford, Miss., for Federal defendants.

Ronald R. Glancz, John M. Rogers, Dept. of Justice, Washington, D. C., for defendants.

Before COLEMAN, HILL, and RUBIN, Circuit Judges.

COLEMAN, Circuit Judge.

Section 518 of the National Housing Act, 12 U.S.C. § 1735b(a) (1970),1 authorizes the Secretary of Housing and Urban Development (HUD) in certain instances "to make expenditures for (1) correcting . . . [structural] defects [in a dwelling approved for mortgage insurance, and] (2) paying the claims of the owner of the property arising from such defects . . .".

Section 518 further provides, however, that...

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