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DRUKER v. SULLIVAN

No. 71-1379.

458 F.2d 1272 (1972)

Bertram A. DRUKER et al., Plaintiffs, Appellants, v. Thomas A. SULLIVAN et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 4, 1972.

Attorney(s) appearing for the Case

Robert J. Sherer, Boston, Mass., with whom Michael T. Putziger and Roche, Carens & DeGiacomo, Boston, Mass., were on brief, for appellants.

Thomas G. Dignan, Jr. and Ropes & Gray, Boston, Mass., on brief for Max R. Kargman and William M. Kargman, amici curiae.

T. H. Martin, Asst. Corp. Counsel, for Thomas A. Sullivan and others, appellees.

S. Stephen Rosenfeld, Boston, Mass., with whom Thomas Carey, Donald J. Natoli, Jr., and Sidney St. F. Thaxter, Boston, Mass., were on brief, for James M. Kelly and others, appellees.

Mark Stern, Boston, Mass., and Lucien Wulsin, Jr. on brief for Greater Boston Tenants' Coalition and Joint Committee of the Brandywyne, Camelot, and High Point Tenants Unions, amici curiae.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

The owners and managers of Castle Square, a housing project established under § 221(d) (3) of the National Housing Act, 12 U.S.C. § 1715l(d) (3), and located in Boston, brought this action seeking a declaratory judgment that Chapter 11 of the Boston Ordinances of 1970 ("the 1970 Ordinance") is unconstitutional under the Supremacy Clause, Article VI, § 2, insofar as it imposes rent control on Castle Square.

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