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BERRY v. HOUSING AND HOME FINANCE AGENCY

No. 255, Docket 29256.

340 F.2d 939 (1965)

Louis BERRY, Harold Berry, David M. Miro, Harvey G. Snider and Charles W. Cole, co-partners doing business under the assumed name and style of Utica Hotel Company, Plaintiffs-Appellants, v. HOUSING AND HOME FINANCE AGENCY et al., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided January 26, 1965.

Attorney(s) appearing for the Case

Willis D. Morgan, Utica, N. Y., (Kernan & Kernan, Utica, N. Y., on the brief), for plaintiffs-appellants.

Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Washington, D. C., Justin J. Mahoney, U. S. Atty., for the Northern Dist. of New York, and Kathryn H. Baldwin, Dept. of Justice, Washington, D. C., on the brief), for defendants-appellees.

Before SMITH, KAUFMAN and ANDERSON, Circuit Judges.

PER CURIAM.

Appellants, owners of the Hotel Utica in Utica, New York, brought action in the United States District Court for the Northern District of New York against federal and local agencies and officials, seeking to enjoin a nearby urban redevelopment project in which transient housing units competing with the hotel are included. The District Court, James T. Foley, Chief Judge, granted a motion to dismiss the complaint and amended complaint as to the federal agency...

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