Toerper v. HUD

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-10776 Conference Calendar

DONNA TOERPER,

Plaintiff-Appellant,

versus

U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT,

Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 3:95-CV-1005-D - - - - - - - - - - April 15, 1997 Before REAVLEY, DAVIS, and BARKSDALE, Circuit Judges.

PER CURIAM:*

Donna Toerper appeals from the district court’s grant of a

motion for summary judgment in favor of the U.S. Department of

Housing and Urban Development (“HUD”) in her civil action for

breach of contract. Toerper suggests that the court granted

judgment without allowing her to complete discovery. Although

Toerper had several months to gather evidence and conduct

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 96-10776 - 2 -

discovery, she presented no evidence to establish a genuine issue

of material fact with regard to her claim that HUD breached her

mortgage contract in instituting foreclosure proceedings against

her home. See Celotex Corp. v. Catrett, 477 U.S. 317, 322-24

(1986). The judgment of the district court is AFFIRMED.

AFFIRMED.