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COMMONWEALTH OF PENNSYLVANIA v. LYNN

No. 73-1835.

501 F.2d 848 (1974)

COMMONWEALTH OF PENNSYLVANIA et al. v. James T. LYNN, Secretary of Housing and Urban Development, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 19, 1974.

Rehearing Denied September 25, 1974.

Attorney(s) appearing for the Case

Robert E. Kopp, Atty., Dept. of Justice, with whom Irving Jaffe, Acting Asst. Atty. Gen., Harold H. Titus, Jr., U. S. Atty. at the time the brief was filed, and William D. Appler, Atty. Dept. of Justice, were on the brief, for appellants.

William A. Dobrovir, Washington, D. C., with whom Stephen C. Miller, Asst. Atty. Gen., Commonwealth of Pennsylvania, and Andra N. Oakes, Washington, D. C., were on the brief, for appellees.

Before McGOWAN, TAMM and LEVENTHAL, Circuit Judges.

McGOWAN, Circuit Judge:

This is an appeal from a grant of summary judgment requiring the Secretary of Housing and Urban Development (HUD) to resume accepting, processing, and, where appropriate, approving applications for federal subsidy under three different housing programs. 362 F.Supp. 1363 (D.D.C., 1973). The District Court's order to this effect has never been operative by reason of a Supreme Court stay order. See...

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