WESTERN & SOUTHERN LIFE INS. CO. v. SMITH

No. 87-3610.

859 F.2d 407 (1988)

The WESTERN & SOUTHERN LIFE INSURANCE COMPANY, Plaintiff, v. George and Regina SMITH, Defendants-Third Party Plaintiffs-Appellants, Samuel Pierce, Secretary, United States Department of Housing and Urban Development, Third Party Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 7, 1988.


Attorney(s) appearing for the Case

Sue Livensparger (argued), Legal Aid Society of Cincinnati, Cincinnati, Ohio, for defendants-third party plaintiffs-appellants.

Stephen R. Buchenroth, Columbus, Ohio, for Western & Southern Life Ins. Co.

Joseph E. Kane, Asst. U.S. Atty. (argued), Columbus, Ohio, Robert Leong, Office of Regional Counsel, H.U.D., Chicago, Ill., for third party defendant-appellee.

Before KRUPANSKY and WELLFORD, Circuit Judges, and GILMORE, District Judge.


KRUPANSKY, Circuit Judge.

George and Regina Smith, the defendants-third party plaintiffs-appellants in this action (collectively referred to as the Smiths or appellants), have appealed from the district court's grant of summary judgment in favor of Samuel Pierce, the Secretary of the United States Department of Housing and Urban Development (hereafter referred to as the Secretary or as HUD). The Smiths had sought declaratory and injunctive relief mandating HUD to...

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