U.S. Court of Appeals for the Second Circuit, 1990

C.H. Sanders Co. v. BHAP Housing Development Fund Co.

C.H. Sanders Co. v. BHAP Housing Development Fund Co.
U.S. Court of Appeals for the Second Circuit · Decided May 8, 1990 · Newman, Pratt, Timbers
910 F.2d 33 (Federal Reporter, Second Series)

C.H. Sanders Co. v. BHAP Housing Development Fund Co.

Opinion of the Court

PER CURIAM:

The Government’s petition for rehearing misapprehends that our decision will oblige the Secretary to satisfy any judgment that might be rendered out of Treasury funds. It will not. The Secretary will be obliged to satisfy the judgment only out of non-Treasury funds that are available to him, if any. If no such funds are available, the Secretary will have no payment obligation.

The petition for rehearing is denied.

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