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United States v. D. W. Dooley, James S. Welch and Chelsea Title & Guaranty Co., a Corporation Doing Business in Florida

UNITED STATES of America, Plaintiff-Appellant, v. D. W. DOOLEY, James S. Welch and Chelsea Title & Guaranty Co., a Corporation Doing Business in Florida, Defendants-Appellees

United States v. D. W. Dooley, 424 F.2d 1067 (5th Cir. 1970)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
April 1, 1970
Docket
No. 28204
Judges
Bell, Simpson
Citations
424 F.2d 10671970 U.S. App. LEXIS 10040

Opinion — Per Curiam

PER CURIAM:

The district court granted summary judgment against the United States, plaintiff below, in its suit to recover from closing agents (a firm of attorneys as to 8 transactions and a title company as to 21 transactions) for the loss occasioned by the insolvency of the mortgagee in transactions for resale of homes previously foreclosed upon or repossessed by the Federal Housing Administration as insuror of mortgages on such properties, when the closing agents had recorded deeds to the properties prior to receiving the purchase money from the defaulting mortgagee.

On oral argument, appellant’s counsel stated that basically there was no dispute as to the facts and that the government had therefore filed no counter-affidavits. We construe this as a concession that the facts were not in *1068 dispute so that the district court could properly consider entry of summary judgment under Rule 56, F.R.Civ.P.

We conclude that the appellant has failed to demonstrate, below or here, that any breach of their contractual responsibilities was committed by the closing agents. Hence the summary judgment in their favor was proper.

Affirmed.

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Cited by 11 cases

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1977: 21978: 11979: 12004: 12009: 12011: 22012: 22015: 119772026peak 1977 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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