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OTI KAGA v. SOUTH DAKOTA HOUSING DEVELOPMENT AUTH.

No. 02-1673.

342 F.3d 871 (2003)

Oti Kaga, Inc., Plaintiff-Appellant, v. South Dakota Housing Development Authority; William Earley; Darlys Baum; John Rothstein; Kevin Culhane; Lynn Hager; Thomas Schramm; Leland Kleinsasser, Defendants-Appellants. Cheyenne River Housing Authority; Cheyenne River Sioux Tribe, Amicus on behalf of Appellants

United States Court of Appeals, Eighth Circuit.

Filed: September 15, 2003.

Rehearing Denied: October 21, 2003.

Attorney(s) appearing for the Case

Rita Allen, argued, Sioux Falls, SD (Mark Berry, on the brief), for appellant.

Rebecca L. Kidder, argued, Eagle Butt, SD, on behalf of amicus on behalf of appellants.

Mark F. Marshall, argued, and Michael L. Luce, argued, Sioux Falls, SD, for appellees.

Before HANSEN, Chief Judge, HEANEY and BYE, Circuit Judges.

BYE, Circuit Judge.

Oti Kaga appeals the district court's2 grant of summary judgment dismissing its eleven-count complaint against the South Dakota Housing Development Authority (SDHDA) and its seven-member board. The complaint alleges SDHDA discriminated against Oti Kaga by rejecting its applications for tax credits under Internal Revenue Code (IRC) § 42, and for funding under the HOME Investment Partnership Act (HOME Program), 42...

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