Legal Opinion

Aspenwood Investment Co. v. Martinez

Court of Appeals for the Tenth Circuit

Decided January 23, 2004No. 01-1585PublishedCited by 47 opinions

1Opinion of the Court

HOLLOWAY, Circuit Judge.

Plaintiff/appellant Aspenwood Investment Company brought this action seeking a declaratory judgment that it was entitled to prepay a loan secured by real property and requesting injunctive relief to compel acts that would remove any obstacles to its prepayment. The defendant is the Secretary of the United States Department of Housing and Urban Development in his official capacity (hereinafter “HUD”). The complaint alleged that the district court had jurisdiction under 28 U.S.C. §§ 1331 & 1337 and that the United States had waived sovereign immunity pursuant to 12…

2Cases cited5 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Thomas Jefferson University v. ShalalaSupreme Court of the United States · 1994
  3. Ramirez v. Department of CorrectionsCourt of Appeals for the Tenth Circuit · 2000
  4. Cienega Gardens v. United StatesUnited States Court of Federal Claims · 1995
  5. Kenneth McHenry v. Utah Valley Hospital, a Division of Intermountain Health Care, Inc.,defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1991

3Cited by47 opinions

  1. Park University Enterprises, Inc. v. American Casualty Co.Court of Appeals for the Tenth Circuit · 2006
  2. Myers v. KoopmanCourt of Appeals for the Tenth Circuit · 2013
  3. Via Christi Regional Medical Center, Inc. v. LeavittCourt of Appeals for the Tenth Circuit · 2007
  4. Cca Associates v. United StatesCourt of Appeals for the Federal Circuit · 2011
  5. Time Warner Entertainment Co. v. Everest Midwest Licensee, L.L.C.Court of Appeals for the Tenth Circuit · 2004

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