JOHNSON v. SECRETARY OF AND U.S. DEPT. OF HOUSING

No. 81-3793.

710 F.2d 1130 (1983)

Lewis E. JOHNSON, Plaintiff-Appellant, v. The SECRETARY OF AND U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FEDERAL HOUSING ADMINISTRATION, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 1, 1983.


Attorney(s) appearing for the Case

Dutel & Dutel, Russell J. Nunez, Jr., William J. Dutel, New Orleans, La., for plaintiff-appellant.

Joan Elaine Chauvin, Asst. U.S. Atty., New Orleans, La., Charlene Berry, Dept. of HUD Region, Office of the Regional Administration, Fort Worth, Tex., Michael Kimmel, Dept. of Justice, Civil Div., Appellate Staff, Richard A. Olderman, Washington, D.C., for defendants-appellees.

Before WILLIAMS and JOLLY, Circuit Judges and WILL, District Judge.


E. GRADY JOLLY, Circuit Judge:

This appeal seeks money damages in connection with the development and construction of a low-cost housing project. It arises from the exclusion by the Secretary of Housing and Urban Development ("Secretary") of the profit and overhead paid by a project owner to a subcontractor from the total amount of the insurable mortgage. The Secretary made the exclusion because he found that the subcontractor had an "identity of interest" with the...

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