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BERKS PRODUCTS CORP. v. LANDREAU

Civ. A. No. 80-3214.

523 F.Supp. 304 (1981)

BERKS PRODUCTS CORPORATION, Chelten Manufacturing Company, D.B. Diefenderfer and Brother, Inc., Eastern Energy Savers, Inc. (formerly known as Eastern Industrial Insulation Company, Inc.), Esterly Contracting Company, Inc., D.S. Gitto Lathing/Plastering/Stucco Contractors, Harvey B. Good, Randy Kurtz Landscaping, Kurtz Brothers Concrete, Inc., Kurtz Precast Corporation, Manpower Inc. of Reading, Modernfold of Reading, Inc., J.C. McGinn Construction Company, Peerless Products, Inc., Scheler and Shifflet, D.E. Stoltzfus Construction Company, Thoro System Waterproofing, Inc., and Windsor Service, Inc. v. Moon LANDREAU, Secretary Department of Housing and Urban Development, Banco Mortgage Company, Donald Barsky, Melvin B. Miller, Resab and Vantage/Barsky, a Joint Venture, Paul Restall, Revere House Associates — Phase I, Title Services, Inc., and Vantage Development Corporation.

United States District Court, E. D. Pennsylvania.

September 24, 1981.

Attorney(s) appearing for the Case

Carl S. Tannenbaum, Philadelphia, Pa., for plaintiffs.

Miles H. Shore, Philadelphia, Pa., for Paul Restall.

Gary Tilles, Asst. U.S. Atty., Philadelphia, Pa., for Moon Landreau, Secretary of Dept. of Housing and Urban Development.

Gerald P. Sigal, Reading, Pa., Jerome Lipman, Philadelphia, Pa., for Donald Barsky, Vantage/Barsky, Revere House Associates — Phase I and Vantage Development Corp.

Neil L. Albert, Lancaster, Pa., for Title Services, Inc.

A. H. Wilcox, Philadelphia, Pa., for Banco Mortgage Co.

MEMORANDUM

CAHN, District Judge.

This action involves claims by subcontractors for payment for labor and materials supplied during the construction of a multi-family apartment complex in Berks County, Pennsylvania, which was developed as a low and moderate income housing project under § 221(d)(4) of the National Housing Act, 12 U.S.C. § 1715l(d)(4). Before me are motions to dismiss on behalf of certain defendants including: (i) the Secretary...

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