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MANNERS v. SECRETARY OF HOUSING AND URBAN DEVELOP.

No. 71 C 550.

333 F.Supp. 829 (1971)

Elsa and Estella MANNERS, and Carlos Kastanon, on behalf of themselves, and all other persons similarly situated, Plaintiffs, v. SECRETARY OF HOUSING AND URBAN DEVELOPMENT, Eugene A. Gulledge, et al., Defendants.

United States District Court, E. D. New York.

August 26, 1971.

Attorney(s) appearing for the Case

Eugene Prosnitz (Gerard A. Walters, and Ronald G. Yelenik, of counsel), for plaintiffs.

Cyril Hyman, New York City (Robert A. Morse, U. S. Atty., of counsel), for the Secretary.

Peter Deutsch, Brooklyn, N. Y., for Federal Nat. Mortgage Ass'n.

Thorold J. Deyrup, and Edward K. Mosenthal, New York City (Berle & Berle, New York City, of counsel), for Buffalo Savings Bank.

MEMORANDUM and ORDER

DOOLING, District Judge.

There is no essential dispute of fact on the present motion for an injunction against the eviction of the plaintiff tenants from foreclosed properties the mortgages on which have been insured by the Secretary of Housing and Urban Development under the provisions of 12 U.S.C. § 1709. Plaintiffs contend, and argue on behalf of all other tenants similarly situated, that they cannot be evicted, even though their...

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