CARTER v. WELLES-BOWEN REALTY, INC.

No. 10-3922.

628 F.3d 790 (2010)

Erick C. CARTER; Whitney A. Hayes-Carter; Joshua J. Grzecki, Plaintiffs-Appellants, United States of America, Intervenor, v. WELLES-BOWEN REALTY, INC.; Welles Bowen Title Agency, LLC; Welles Bowen Investors, LLC; Welles Bowen Mortgage, Inc.; The Danberry Co.; Integrity Title Agency of Ohio & Michigan, Ltd.; Chicago Title Insurance Company; Danberry Title, LLC, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

December 22, 2010.


Attorney(s) appearing for the Case

John T. Murray , Murray & Murray, Sandusky, OH, for Plaintiff-Appellant.

Christine N. Kohl , Michael Jay Singer U.S. Department of Justice, Washington, DC, for Intervenor.

Richard H. Carr , Balk, Hess & Miller, Toledo, OH, Robert J. Fogarty , Justin Matthew Croniser , Derek E. Diaz , Steven A. Goldfarb , Cleveland, OH, for Defendant-Appellee.

Before: MARTIN, McKEAGUE, and KETHLEDGE, Circuit Judges.


ORDER

In these consolidated actions under the Real Estate Settlement Procedures Act of 1974, the plaintiffs appeal the summary judgment for the defendants. The United States moves to intervene in the appeal to address two issues: (1) whether a policy statement issued by the United States Department of Housing and Urban Development is unconstitutionally vague; and (2) whether that policy statement is entitled to deference. The plaintiffs support the intervention...

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