WILLIAMS v. FIRST FED. SAV. & LOAN ASS'N, ETC.

Nos. 80-1446, 80-1005.

651 F.2d 910 (1981)

Jeffrey W. WILLIAMS, Susan K. Williams On their own behalf and as representatives of a class of homeowners, J. Peter Bittner, Marsha H. Bittner, Mary S. Boyd, Richard E. Nault, Appellants, v. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF ARLINGTON, Individually and as rep. of a class of lenders, Federal Home Loan Mortgage Corp., Arlington-Fairfax Savings and Loan Association, Herndon Federal Savings and Loan Association, Appellees. Arthur G. POTE, Laura R. Pote, Angel Saltos, Beatriz De Saltos, Appellants, v. WASHINGTON-LEE SAVINGS AND LOAN ASSOCIATION, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 26, 1981.

Rehearing and Rehearing Denied July 7, 1981.


Attorney(s) appearing for the Case

Paul D. Scanlon, Fairfax, Va., for appellants.

E. Waller Dudley, Fairfax, Va., and Robert T. Lasky, Washington, D. C. (Boothe, Prichard & Dudley, Paul C. Kincheloe, Jr., Kincheloe & Carlson, Jesse B. Wilson, III, McCandlish, Lillard, Church & Best, Fairfax, Va., Robert T. Lasky, Mark C. Ellenberg, Cadwalader, Wickersham & Taft, Washington, D. C., on brief in No. 80-1446) (W. Curtis Sewell, John E. Coffey, Thomas & Sewell, Alexandria, Va., on brief in Nos. 80-1446 and 81-1005) for appellees.

Before BUTZNER, PHILLIPS and MURNAGHAN, Circuit Judges.


Rehearing and Rehearing En Banc Denied July 7, 1981.

MURNAGHAN, Circuit Judge:

The case touches many Americans, for it involves the common experience of purchasing a home. Customarily one contemplates a borrowing secured by a lien on the residential parcel to meet a substantial portion of the purchase price. Few are able first, before buying a house, to accrue all the necessary funds.

It is from that common experience that the present case evolves...

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