Legal Opinion · Dissent

Home Savings and Loan Association of Lawton, Oklahoma v. Robert P. Nimmo, Administrator of the Veterans Administration

Court of Appeals for the Tenth Circuit

Decided December 21, 1982No. 80-1987Published

1DissentMcKAY, Circuit Judge

In a dispute over the payment of a home loan subsidy, the majority invokes equitable principles to estop the Veterans Administration from asserting a congressionally authorized forgery defense. Relying on factual dissimilarities, the majority attempts to distinguish past Supreme Court decisions that have consistently sheltered the government from equitable estoppel.1 I believe that the majority’s distinctions will prove to be chimerical rather than precedential and will introduce new contradictions into an already confused area of law.2 Moreover, I believe that the majority’s approach diverts…

2Cases cited25 opinions

  1. Federal Crop Ins. Corp. v. MerrillSupreme Court of the United States · 1947
  2. Nixon v. Administrator of General ServicesSupreme Court of the United States · 1977
  3. Indian Towing Co. v. United StatesSupreme Court of the United States · 1955
  4. Precision Instrument Manufacturing Co. v. Automotive Maintenance MacHinery Co.Supreme Court of the United States · 1945
  5. Schweiker v. HansenSupreme Court of the United States · 1981

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