UNITED STATES v. I-12 GARDEN APARTMENTS

No. 81-3652.

703 F.2d 900 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. I-12 GARDEN APARTMENTS, Defendant, K & D Enterprises, Inc., Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

April 25, 1983.


Attorney(s) appearing for the Case

Ben F. Day, Baton Rouge, La., for intervenor-appellant.

Wm. White, Civ. Div., Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before BROWN, GOLDBERG and HIGGINBOTHAM, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

In this second of three cases we decide today concerning rights to construction holdbacks on HUD-insured mortgages, a contractor appeals from a judgment entered after a bench trial dismissing its claim against HUD for retention amounts. Agreeing with the district court's conclusion that recovery under either a third-party beneficiary or unjust enrichment theory must be denied because of the contractor's inequitable and breaching...

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