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HERNANDEZ v. HOME SAV. ASS'N OF DALLAS CTY.

Nos. 76-2794, 77-1421 and 77-2504.

606 F.2d 596 (1979)

Frank HERNANDEZ, Plaintiff-Appellee, v. HOME SAVINGS ASSOCIATION OF DALLAS COUNTY, Defendant and Third-Party Plaintiff-Appellee, v. Moon LANDRIEU, Secretary of the Department of Housing and Urban Development, Third-Party Defendant-Appellant. Frank HERNANDEZ, Plaintiff, v. HOME SAVINGS ASSOCIATION OF DALLAS COUNTY, Defendant and Third-Party Plaintiff-Appellee, v. Moon LANDRIEU, Secretary of the Department of Housing and Urban Development, Third-Party Defendant-Appellant. B. B. ADAMS GENERAL CONTRACTOR, ETC., Plaintiff-Appellee, v. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Defendant-Appellant, v. MODERN AMERICAN MORTGAGE and James A. Pate, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 15, 1979.

Attorney(s) appearing for the Case

Leonard Schaitman, Mark H. Gallant, Michael F. Hertz, Attys., Dept. of Justice, App. Section, Civ. Div., Washington, D. C., for third-party defendant-appellant.

Donald C. Templin, Dallas, Tex., for Home Savings Assn. of Dallas County.

Ronald W. Kessler, Dallas, Tex., for Frank Hernandez.

R. Dale Wootton, Dallas, Tex., for James A. Pate.

Molly Steele, Harry M. Roberts, Jr., Paul M. Thorp, Dallas, Tex., for American Mortgage Corp.

Before JONES, CLARK and GEE, Circuit Judges.

JONES, Circuit Judge:

The Hernandez appeals stem from the federal financing of the construction of a mobile home park project which, literally, never got off the ground. Vista Hills Mobile Home Community obtained an $821,000 mortgage loan from Home Savings Association of Dallas County to finance the construction of a mobile home park project. The Department of Housing and Urban Development, herein called HUD, agreed to insure a loan under the National Housing Act...

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