MODERN AM. MORTG. CORP. v. SKYLINE PARK

No. 78-1410.

614 F.2d 1009 (1980)

MODERN AMERICAN MORTGAGE CORP. and First Federal Savings & Loan Assoc., Plaintiffs-Appellants, Cross-Appellees, v. SKYLINE PARK, a Texas General Partnership, et al., Defendants-Appellees, v. George W. TUCKER, d/b/a Empire Construction Co., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 8, 1980.


Attorney(s) appearing for the Case

Jay M. Goltz, Dallas, Tex., for plaintiffs-appellants, cross-appellees.

Crocker & McDonald, Toy A. Crocker, Dallas, Tex., for George W. Tucker.

Blankenship & Potts, Hal Potts, Ralph W. Currie, Dallas, Tex., for Skyline Park, Sam A. Leake, and Sarah H. Leake.

Before MORGAN, REAVLEY and HATCHETT, Circuit Judges.


HATCHETT, Circuit Judge:

This appeal concerns a mortgagee, owner, and contractor, in a contractual dispute relating to the Federal Housing Administration's Insurance of Mortgages under the National Housing Act, 12 U.S.C. § 1701 et seq. The district court in a diversity judgment granted relief against the appellee contractor but denied relief as to the appellee owner. Because our interpretation of the contract finds the mortgagee responsible for its own loss,...

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