Legal Opinion

Van-Tex, Inc., Industrial Indemnity, Inc. v. Samuel R. Pierce, Jr., Secretary, Department of Housing and Urban Development

Court of Appeals for the Fifth Circuit

Decided April 25, 1983No. 82-1002PublishedCited by 10 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We decide today three cases dealing with the rights to construction holdbacks on projects financed by HUD-insured mortgages. In this case, Industrial Indemnity, the surety of a contractor on a § 221(d)(4) (12 U.S.C. § 17157(d)(4)) project, brought suit against HUD to recover holdbacks after the mortgagee had foreclosed and assigned the project to HUD. On cross-motions for summary judgment relying upon a stipulation of facts referencing testimony and exhibits, the district court entered judgment for Industrial Indemnity on theories of third-party…

2Cases cited11 opinions

  1. Trans-Bay Engineers and Builders, Inc. v. Carla A. Hills, Secretary of Housing and Urban DevelopmentCourt of Appeals for the D.C. Circuit · 1976
  2. American Fidelity Fire Insurance v. Construcciones Werl, Inc.District Court, Virgin Islands · 1975
  3. 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
  4. Taylor Woodrow Blitman Construction Corp. v. Southfield Gardens Co.District Court, D. Massachusetts · 1982
  5. Travelers Indemnity Co. v. First National State BankDistrict Court, D. New Jersey · 1971

6 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Commercial Standard Insurance Company, Plaintiff-Appellee-Appellant v. Bryce Street Apartments, Ltd., Ryan Mortgage Company v. Samuel R. Pierce, Jr., Secretary, Department of Housing and Urban DevelopmentCourt of Appeals for the Fifth Circuit · 1983
  2. Myriad Development, Inc. v. Alltech, Inc.District Court, W.D. Texas · 2011
  3. United American, Inc. v. N.B.C.-U.S.A. Housing, Inc. Twenty SevenDistrict Court, District of Columbia · 2005
  4. Niagara Mohawk Power Corp. v. Bankers Trust Co. of Albany, N.A.Court of Appeals for the Second Circuit · 1986
  5. United States v. I-12 Garden Apartments, K & D Enterprises, Inc., Intervenor-AppellantCourt of Appeals for the Fifth Circuit · 1983

5 more not listed; retrieve them via the Exa API.

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