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MOLTON, ALLEN AND WILLIAMS, INC. v. HARRIS

No. 78-1708.

613 F.2d 1176 (1980)

MOLTON, ALLEN AND WILLIAMS, INC., Appellant, v. Patricia R. HARRIS, Secretary, Department of Housing and Urban Development et al.

United States Court of Appeals, District of Columbia Circuit.

Decided January 7, 1980.

Attorney(s) appearing for the Case

John F. Dienelt, Washington, D.C., with whom Philip N. Brownstein, Barry P. Rosenthal and David J. Butler, Washington, D.C., were on the brief, for appellant.

Michael J. Ryan, Asst. U.S. Atty., Washington, D.C., with whom Earl J. Silbert,* U.S. Atty., John A. Terry, Peter E. George and R. Craig Lawrence, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before MacKINNON and WILKEY, Circuit Judges, and GORDON, Senior United States District Judge for the Western District of Kentucky.

Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

Molton, Allen & Williams, Inc. appeals from a district court order granting summary judgment to the Secretary of Housing and Urban Development. Appellant filed this action claiming that the Secretary breached a contract to sell mortgage options. On cross motions for summary judgment, the district court held that government regulations precluded a binding contract under the circumstances...

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