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BLACHMAN v. ERIEVIEW CORPORATION

No. 15044.

311 F.2d 85 (1962)

Harry A. BLACHMAN, As a Taxpayer, Plaintiff-Appellant, v. ERIEVIEW CORPORATION, City of Cleveland, Housing and Home Finance Agency, Robert C. Weaver, Administrator, Public Housing Administration, Robert C. Weaver, Administrator, United States of America, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

December 19, 1962.

Attorney(s) appearing for the Case

Harry A. Blachman, Cleveland, Ohio, for appellant.

Ralph S. Locher, Director of Law, Joseph H. Crowley, Chief Counsel, Daniel J. O'Loughlin, Asst. Director of Law, Cleveland, Ohio, for City of Cleveland.

Bricker, Evatt, Barton, Eckler & Niehoff, Richard C. Pickett, Columbus, Ohio, for Erieview Corporation.

James D. Guilfoyle, Acting Asst. Atty. Gen., Morton Hollander, Jerry C. Strauss, Attorneys, Department of Justice, Washington, D. C., Merle M. McCurdy, U. S. Atty., Cleveland, Ohio, for the United States.

Before O'SULLIVAN and SMITH, Circuit Judges, and BOYD, District Judge.

J. JOSEPH SMITH, Circuit Judge.

The City of Cleveland is proceeding with federal assistance to redevelop through its "Erieview" project a commercial area for commercial uses. The Cleveland City Charter permits a taxpayer to institute proceedings to restrain "the misapplication of funds of the City, or abuse of its corporate powers, or execution or performance of any contract made in behalf of the City in contravention of law...

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