MEMORANDUM OF DECISION
TONE, District Judge.
This action is brought to challenge the refusal of the defendant city to permit construction within its boundaries of houses financed under Section 235 of the Federal Housing Act, 12 U.S.C. § 1715z. Jurisdiction exists under 28 U.S.C. § 1343(3) and (4) and § 2201. The case was tried to the court without a jury.
The following facts are not in dispute:
Plaintiff is a Negro citizen...
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