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DRG FUNDING CORP. v. SEC. OF HOUSING & URBAN DEV.

No. 94-5150.

76 F.3d 1212 (1996)

DRG FUNDING CORPORATION, Appellant v. SECRETARY OF HOUSING AND URBAN DEVELOPMENT, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided February 20, 1996.

Attorney(s) appearing for the Case

John P. Cummins, III, Fairfax, VA, argued the cause and filed the briefs for appellant.

Fred E. Haynes, Assistant United States Attorney, argued the cause for appellees. With him on the brief were Eric H. Holder, Jr., United States Attorney, R. Craig Lawrence and Michael J. Ryan, Assistant United States Attorneys, and Steven M. Goldstein, Attorney, Department of Housing and Urban Development. John D. Bates, Assistant United States Attorney, Washington, DC, entered an appearance for appellees.

Before: WILLIAMS, GINSBURG, and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

Concurring opinion filed by Circuit Judge STEPHEN F. WILLIAMS.

Concurring opinion filed by Circuit Judge GINSBURG.

RANDOLPH, Circuit Judge:

On July 3, 1990, the Department of Housing and Urban Development notified DRG Funding Corporation that it owed the government $3.7 million as a result of its default under a mortgage-backed securities program. A year later, having received no payment...

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