Lewis E. Johnson v. The Secretary of and U.S. Department of Housing and Urban Development, Federal Housing Administration
Court of Appeals for the Fifth Circuit
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
This appeal seeks money damages in connection with the development and construction of a low-cost housing project. It arises from the exclusion by the Secretary of Housing and Urban Development (“Secretary”) of the profit and overhead paid by a project owner to a subcontractor from the total amount of the insurable mortgage. The Secretary made the exclusion because he found that the subcontractor had an “identity of interest” with the owner. We agree that the Secretary acted arbitrarily, capriciously and erroneously in finding an “identity of interest.” We agree…
2Cases cited7 opinions
- Land v. DollarSupreme Court of the United States · 1947
- Dugan v. RankSupreme Court of the United States · 1963
- Industrial Indemnity, Inc. v. Moon Landrieu, Secretary of the Department of Housing and Urban Development of the United States of AmericaCourt of Appeals for the Fifth Circuit · 1980
- United States v. 936.71 Acres of Land, More or Less, Situated in Brevard County, State of Florida, Sarah E. Walker, Appellants-Cross-Appellees v. Edwin A. McQuaters and Helen E. McQuaters Appellees-Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1969
- Johnson v. Iowa Rice Dryer, Inc.Louisiana Court of Appeal · 1969
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3Cited by3 opinions
- East River Savings Bank v. Secretary of Housing & Urban DevelopmentDistrict Court, S.D. New York · 1988
- Thomas v. PierceDistrict Court, D. Kansas · 1987
- Johnson v. Secretary of/and U.S. Department of Housing & Urban DevelopmentDistrict Court, E.D. Louisiana · 1984