GATTER v. NIMMO

No. 81-1881.

672 F.2d 343 (1982)

Nancy GATTER, Mary Klingel, and Kenneth and Alma Bernstein, individually, and on behalf of all others similarly situated, and Carl Nardi and Marie Nardi v. Robert T. NIMMO, in his official capacity as Administrator of Veterans Affairs, S. W. Melidosian, in his official capacity as Director of the Veterans Administration Center of Philadelphia, The Veterans Administration, an Agency of the United States Government, The Fidelity Bond and Mortgage Company, The Kennedy Mortgage Company, The Lomas and Mettleton Company. Appeal of Nancy GATTER, Carl Nardi and Marie Nardi, Kenneth Bernstein and Alma Marie Bernstein, on behalf of themselves and all others similarly situated.

United States Court of Appeals, Third Circuit.

Decided March 11, 1982.


Attorney(s) appearing for the Case

Douglas G. Dye (argued), Bruce Fox, George Gould, Community Legal Services, Inc., Philadelphia, Pa., Mark Kaufman, Darby, Pa., for appellants.

J. Paul McGrath, Asst. Atty. Gen., Washington, D. C., Peter F. Vaira, Jr., U. S. Atty., Philadelphia, Pa., William Kanter, John F. Cordes (argued), Dept. of Justice, Washington, D. C., for appellees.

Before GIBBONS, WEIS and GARTH, Circuit Judges.


OPINION OF THE COURT

GIBBONS, Circuit Judge:

In this class action plaintiffs Gatter, et al. (the Veterans) appeal from the grant of a summary judgment in favor of the Veterans' Administration (VA) in their suit for declaratory and injunctive relief. The class consists of veterans who are obligors on bonds and mortgages guaranteed by the VA pursuant to Title III of the Servicemen's Readjustment Act of 1944 as amended,1...

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