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MARCUS GARVEY SQUARE v. WINSTON BURNETT CONST.

Nos. 76-2827, 76-1515.

595 F.2d 1126 (1979)

MARCUS GARVEY SQUARE, INC., Petitioner-Cross Defendant, v. WINSTON BURNETT CONSTRUCTION CO. OF CALIFORNIA, INC., Respondent-Cross Complainant-Appellant, v. HOME SAVINGS AND LOAN ASSOCIATION, a California Corporation, Defendant-Cross Complainant-Appellee. WINSTON A. BURNETT CONSTRUCTION COMPANY OF CALIFORNIA, INC., Cross-Complainant-Appellant, v. HOME SAVINGS AND LOAN INC., Federal Housing Administration, Patricia Roberts Harris, Secretary of Housing and Urban Development, Does One through Ten, Inclusive, Cross-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing April 18, 1979.

Attorney(s) appearing for the Case

Ron W. Fields (argued), San Francisco, Cal., J. Warren Johnson, San Mateo, Cal., for respondent-cross complainant-appellant.

William T. McGivern, Jr., Asst. U. S. Atty. (argued), San Francisco, Cal., for defendant-cross complainant-appellee.

Before ELY, TRASK and TANG, Circuit Judges.

TANG, Circuit Judge:

This is a cross-complaint by a general contractor against the building owner, mortgage lender, and several federal agencies connected with the building project to recover the balance allegedly due under the construction contract. The case was originally filed in California Superior Court and was removed pursuant to 28 U.S.C. § 1442(a). The district court granted summary judgment in favor of the cross-defendants on the grounds that the court...

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