FEDERAL HOUSING ADMINISTRATION, APPELLANT
v.
MORRIS PLAN COMPANY OF CALIFORNIA, APPELLEE

9th Cir. | 1954-06-04
No. 13472
214 F.2d 821 United States Court of Appeals for the Ninth Circuit (1954)


Opinion of the Court
PER CURIAM.

PER CURIAM.

We granted a rehearing in this case limited to the question of whether the judgment should be reduced by elimination of the claim of $2,000, an amount loaned one Gould in excess of the limit of $2,500 we held to be contained in § 2 (b) of the National Housing Act, 12 U.S. C.A. § 1703(b).

After due consideration of the arguments made on rehearing as to the correctness of our construction of said § 2 (b), we adhere to the conclusion reached in our former opinion. 9 Cir., 211 F. 2d 756. A confusion of the Gold loans with the Gould loans resulted in our failure to consider the Gould loans in the former opinion.

It is ordered that the sum of $1,032.95 principal and $262.08 interest allowed by the District Court on the $2,000 Gould note be disallowed and the judgment of the District Court is accordingly reduced in the sum of $1,295.03. As so modified the judgment is affirmed.


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