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GOVERNMENT NAT. MORTG. ASS'N v. TERRY

No. 77-1785.

608 F.2d 614 (1979)

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION, Plaintiff-Appellant, v. Tyre Lee TERRY, Individually, and in his capacity of Clerk, Superior Court of Cobb County, Georgia, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 20, 1979.

Attorney(s) appearing for the Case

Leonard Schaitman, Frank A. Rosenfeld, Attys., Appellate Sections, Civ. Div., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Dana L. Jackel, Marietta, Ga., for defendants-appellees.

Before GOLDBERG, RONEY and FAY, Circuit Judges.

GOLDBERG, Circuit Judge:

We are confronted with a question of first impression which is quite simply stated and intuitively resolved, but unfortunately much less easily placed within the relevant statutory framework. We must determine whether the Government National Mortgage Association (Ginnie Mae) is an agency for purposes of 28 U.S.C.A. § 1345 and thus able to sue as a plaintiff in federal district court solely on the basis of that status.

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