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HOUSING AUTHORITY OF CITY OF ATLANTA, GA. v. MILLWOOD

No. 72-2114.

472 F.2d 268 (1973)

HOUSING AUTHORITY OF the CITY OF ATLANTA, GEORGIA, Plaintiff-Appellee, v. J. Earl MILLWOOD et al., Defendants-Third Party Plaintiffs-Appellants, v. George ROMNEY, Secretary of Housing and Urban Development, the City of Atlanta, Georgia, Third Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 2, 1973.

Attorney(s) appearing for the Case

Archer D. Smith, III, Atlanta, Ga., for defendants-third party plaintiffs-appellants.

Jack Watson, C. David Vaughan, Charles L. Weltner, Atlanta, Ga., for Housing Authority.

John W. Stokes, Jr., U. S. Atty., Beverly B. Bates, Asst. U. S. Atty., Atlanta, Ga., for Romney.

Ralph H. Witt, Henry L. Bowden, Atlanta, Ga., for City of Atlanta.

Before GEWIN, SIMPSON and RONEY, Circuit Judges.

SIMPSON, Circuit Judge:

Prior to March 11, 1971, the Housing Authority of the City of Atlanta, Georgia, (Housing Authority) filed five condemnation petitions in the Superior Court of Fulton County, Georgia (state court) pursuant to the state's general eminent domain provisions, Ga.Code Ann. tit. 36, ch. 11, seeking title to parcels of land in the federally funded Mod el Cities area belonging to Millwood, et al., initial defendants now appellants-counterclaimants ...

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