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ST. NICHOLAS APARTMENTS v. U.S.

No. 96-3116.

943 F.Supp. 966 (1996)

ST. NICHOLAS APARTMENTS, a California limited partnership, T. Michael Wiley, and Charles A. Yates, on behalf of himself and on behalf of the class of all limited partners of the St. Nicholas Apartments, Plaintiffs, v. UNITED STATES of America, United States Department of Housing and Urban Development, Henry G. Cisneros, in his official capacity as Secretary of the Department of Housing and Urban Development, Federal Deposit Insurance Corp., as Receiver for American Diversified Savings Bank, American Diversified Partners, a California limited partnership, and American Diversified Investment Corp., general partner of American Diversified Partners, Defendants.

United States District Court, C.D. Illinois, Springfield Division.

November 8, 1996.

Attorney(s) appearing for the Case

Jeffrey W. Finke, Chicago, Lance T. Jones, Springfield, IL, for plaintiffs.

James A. Lewis, Cheryl Stickel Neal, Springfield, IL, for defendants.

OPINION

RICHARD MILLS, District Judge:

Should a provision in a HUD Manual be given the force of law?

No.

I. FACTS ALLEGED IN AMENDED COMPLAINT

On or about December 1, 1981, the United States Department of Housing and Urban Development ("HUD") insured a first mortgage for St. Nicholas Apartments under Section 221(d)(4) of the National Housing Act, 12 U.S.C. § 1715 et seq., on a multifamily housing project located...

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