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INDUSTRIAL INDEM., INC. v. LANDRIEU

No. 79-2748 Summary Calendar.

615 F.2d 644 (1980)

INDUSTRIAL INDEMNITY, INC., Plaintiff-Appellant, v. Moon LANDRIEU, Secretary of the Department of Housing and Urban Development of the United States of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 14, 1980.

Attorney(s) appearing for the Case

Baker & Botts, Richard K. Willard, Ralph S. Carrigan, Houston, Tex., for plaintiff-appellant.

Gwynn T. Swinson, Dept. of Justice, Civil Div., Commercial Litigat., Washington, D. C., for HUD.

Locke, Purnell, Boren, Laney & Neeley, Harriet E. Miers, Dallas, Tex., for Metropolitan.

Haynes & Boone, Robin P. Hartmann, Dallas, Tex., for Home Savings.

Before GEE, RUBIN and POLITZ, Circuit Judges.

PER CURIAM:

In 1971, the Secretary of the Department of Housing and Urban Development (HUD) issued a commitment to insure a $2,143,000 mortgage for the construction of the Casa Claire apartment project in Mesquite, Texas, pursuant to § 221(d)(4) of the National Housing Act, 12 U.S.C. § 1715l (d)(4) (1976). Section 221(d)(4) is a program of mortgage insurance enacted by Congress to "assist private industry...

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