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HERNANDEZ v. HOME SAV. ASS'N OF DALLAS COUNTY

No. CA 3-74-818-C.

411 F.Supp. 858 (1976)

Frank HERNANDEZ v. HOME SAVINGS ASSOCIATION OF DALLAS COUNTY v. James LYNN, Secretary of the Department of Housing & Urban Development.

United States District Court, N. D. Texas, Dallas Division.

April 28, 1976.

Attorney(s) appearing for the Case

Ronald W. Kessler, Feather & Kessler, Dallas, Tex., for plaintiff.

Donald C. Templin, Haynes & Boone, Dallas, Tex., for defendant and third party plaintiff.

Michael P. Carnes, U. S. Atty., William F. Sanderson, Jr., Asst. U. S. Atty., Dallas, Tex., for third party defendant.

MEMORANDUM OPINION AND ORDER

WILLIAM M. TAYLOR, Jr., Chief Judge.

This case comes before the Court for decision on cross-motions for summary judgment filed by all parties to the suit. The controlling facts are uncontroverted, and the dispute can be resolved by the Court's construction of a certain provision of a Mortgagee's Certificate executed by Home Savings Association of Dallas County.

Statement of Facts

On November 19, 1970...

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