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GRACE TOWERS TEN. ASS'N v. GRACE HOUS. DEV. FUND CO.

No. 173, Docket 75-7214.

538 F.2d 491 (1976)

GRACE TOWERS TENANTS ASSOCIATION et al., Plaintiffs-Appellants, v. GRACE HOUSING DEVELOPMENT FUND CO., INC., et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 18, 1976.

Attorney(s) appearing for the Case

Thomas N. Rothschild, Brooklyn, N.Y. (East New York Legal Services, Brooklyn Legal Services Corp. A, Igor M. Allbray, Brooklyn, N.Y., on the brief), for plaintiffs-appellants.

Lewis T. Tesser, Asst. U.S. Atty. (David G. Trager, U.S. Atty., E. D. N.Y., Brooklyn, N.Y., Paul B. Bergman, Asst. U.S. Atty., Brooklyn, N.Y., on the brief), for defendant-appellee James T. Lynn as Secretary of the United States Department of Housing and Urban Development.

Sheldon Ostro, New York City (Greener & Ostro, New York City), for defendants-appellees Grace Housing Development Fund Co., Inc., Jacob Underwood and Maria Evans.

Before HAYS, MULLIGAN and GURFEIN, Circuit Judges.

HAYS, Circuit Judge:

Plaintiffs-appellants, tenants of Grace Towers and their representative organization the Grace Towers Tenants' Association, appeal from a decision below denying their motion for a preliminary injunction against a 23% rental increase approved by defendant Secretary of Housing and Urban Development ["HUD"], and dismissing their complaint on the merits.

Grace Towers consists of two buildings of 84...

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