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Forrest Village Apartments, Inc.

Forrest Village Apartments, Inc. Boulevard Gardens, Inc., and Foulkrod Gardens, Inc. Meadowbrook Apartments, Inc.

Forrest Vill. Apartments, Inc., 173 Ct. Cl. 1179 (Ct. Cl. 1965)
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Court
United States Court of Claims · Federal Specialty Courts
Decided
October 29, 1965
Docket
Nos. 112-64; No. 335-64; No. 96-65
Citations
173 Ct. Cl. 11791965 U.S. Ct. Cl. LEXIS 1991965 WL 1489

Opinion of the Court

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Federal Housing Administration prepayment charges.— Plaintiffs in the above cases were owners and operators of apartment houses originally financed through FHA insured mortgages. (Sec. 608 of the National Housing Act, 56 Stat. 301 , 303, 12 U.S.C. § 1743 (1958)). They sue to recover prepayment charges required of them by FHA when they refinanced their properties under conventional mortgages, plaintiffs claiming that the charges were exacted in violation of law. The cases came before the court on plaintiffs’ and defendant’s motions for summary judgment, or defendant’s motions to dismiss or for judgment on the pleadings. Upon consideration thereof and without oral argument, the court determined that defendant’s motions to dismiss the petition should be granted on the authority of the court’s decision in Camella Apartments, Inc. v. United States, 167 Ct. Cl. 224 , 334 F. 2d 667 (1964), cert. denied, 379 U.S. 963 (1965), in which the court held that the FHA regulation covering prepayment charges was valid and properly enforced in a case similar to those here involved. On October 29, 1965, the petitions in the above cases were dismissed. Petition fon writ of certiorari filed by Forrest Village Apartments, Inc. denied March 21, 1966, 383 U.S. 943 .

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1967: 21968: 119672026peak 1967 · 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.

Authorities cited 1

DepthCaseCited by
Camellia Apartments, Inc. v. The United States, 334 F.2d 667 (Ct. Cl. 1964) 15

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