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HOUSING AUTH. OF CITY OF OMAHA, NEB. v. UNITED STATES H. A.

Nos. 72-1102, 72-1185.

468 F.2d 1 (1972)

HOUSING AUTHORITY OF the CITY OF OMAHA, NEBRASKA, et al., Appellees, v. UNITED STATES HOUSING AUTHORITY, etc., et al., and National Tenants Organization, et al., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided September 28, 1972.

Rehearing and Rehearing Denied October 26, 1972.

Attorney(s) appearing for the Case

Alvin Hirshen, National Housing and Economic Development Law Project, Earl Warren Legal Institute, Berkeley, Cal., for National Tenants Organization, and others.

Patrick W. O'Brien, Chicago, Ill., for Housing Authority of the City of Omaha, Neb., and others.

Thomas G. Wilson, Atty., Dept. of Justice, Washington, D. C., for U.S. Housing Authority and others.

Before VOGEL, LAY and BRIGHT, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 26, 1972.

LAY, Circuit Judge.

At issue is the authority of the Department of Housing and Urban Development to promulgate Regulations RHM 7465.8 and RHM 7465.9 (hereinafter referred to as Circulars 8 and 9), under the United States Housing Act of 1937, as amended, 42 U.S.C. §§ 1401-1436. The district court enjoined the implementation of the regulations holding that (1) they were issued in violation of...

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