Odis SIMPSON, Appellant,
v.
Max CLELAND, Individually and in his official capacity as Administrator of Veterans Affairs, Veterans Administration, et al.
Odis SIMPSON, Appellant,
v.
Max CLELAND, Individually and in his official capacity as Administrator of Veterans Affairs, Veterans Administration, et al.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 5, 1980.
Decided January 16, 1981.
Attorney(s) appearing for the Case
Dalton Howard, Washington, D. C., with whom Wanda D. Foster, Washington, D. C., was on brief, for appellant in Nos. 78-2203 and 79-1382.
Richard A. Rothschild, San Francisco, Cal., of the bar of the Supreme Court of California pro hac vice by special leave of Court with whom John E. McDermott and Patricia M. Tenoso, Los Angeles, Cal., were on brief, for amicus curiae urging reversal in No. 78-2203.
Michael J. Ryan, Asst. U. S. Atty., Washington, D. C., with whom Carl S. Rauh, U. S. Atty., Washington, D. C., at the time the brief was filed, John A. Terry, and Nathan Dodell, Asst. U. S. Attys., Washington, D. C., were on brief, for appellees, Federal in Nos. 78-2203 and 79-1382. Charles F. C. Ruff, U. S. Atty., Washington, D. C., also for appellee.
Robert W. Haas, Houston, Tex., for appellee, Metropolitan Mortgage Fund, Inc., in No. 79-1382.
Harry Heller, was on brief, for appellees, Manufacturers Hanover Trust Co. in No. 79-1382.
Leonard C. Collins, Washington, D. C., for appellee, Owen & Kay in Nos. 78-2203 and 79-1382.
Saul M. Schwartzbach, College Park, Md., for appellee, Irvin P. Greenbaum in No. 78-2203.
Joseph H. Schneider and Albert Ginsberg, Silver Spring, Md., for appellee, Jack Spicer Real Estate, Inc., in No. 78-2203.
Before McGOWAN and ROBINSON, Circuit Judges and OBERDORFER, United States District Judge for the District of Columbia.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by District Judge OBERDORFER.
OBERDORFER, District Judge.
In 1962, after 20 years of service, appellant retired from the United States Army. The following year, he and his wife bought a home, the purchase price of which was borrowed from appellee Metropolitan Mortgage Fund, Inc.1 The loan was secured by a mortgage, and sixty percent of the loan was guaranteed by the Veterans Administration (V.A.). On...
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