Legal Opinion
United States v. I-12 Garden Apartments, K & D Enterprises, Inc., Intervenor-Appellant
Court of Appeals for the Fifth Circuit
Decided April 25, 1983No. 81-3652PublishedCited by 3 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
In this second of three cases we decide today concerning rights to construction holdbacks on HUD-insured mortgages, a contractor appeals from a judgment entered after a bench trial dismissing its claim against HUD for retention amounts. Agreeing with the district court’s conclusion that recovery under either a third-party beneficiary or unjust enrichment theory must be denied because of the contractor’s inequitable and breaching conduct, we affirm, find the appeal frivolous, and award double costs.
Facts and Procedural History
This case arises out of a §…
2Cases cited4 opinions
- Trans-Bay Engineers and Builders, Inc. v. Carla A. Hills, Secretary of Housing and Urban DevelopmentCourt of Appeals for the D.C. Circuit · 1976
- Spring Construction Co. v. HarrisCourt of Appeals for the Fourth Circuit · 1977
- Van-Tex, Inc., Industrial Indemnity, Inc. v. Samuel R. Pierce, Jr., Secretary, Department of Housing and Urban DevelopmentCourt of Appeals for the Fifth Circuit · 1983
- Mursor Builders, Inc. v. Crown Mountain Apartment AssociatesDistrict Court, Virgin Islands · 1978
3Cited by3 opinions
- Dahl v. PinterCourt of Appeals for the Fifth Circuit · 1986
- Alice Faye Campbell, Wife of and William Campbell v. Teledyne Movible Offshore, Inc.Court of Appeals for the Fifth Circuit · 1983
- Dahl v. PinterCourt of Appeals for the Fifth Circuit · 1986