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F. W. EVERSLEY & CO., INC. v. EAST N. Y. NON-PROFIT HDFC, INC.

Nos. 75 Civ. 84 (HFW) and 75 Civ. 85 (HFW).

409 F.Supp. 791 (1976)

F. W. EVERSLEY & CO., INC., on behalf of itself and all other persons entitled to share in funds allocated for the improvement of real property owned by the East New York Non-Profit HDFC, Inc., Plaintiffs, v. The EAST NEW YORK NON-PROFIT HDFC, INC., et al., Defendants. F. W. EVERSLEY & CO., INC., on behalf of itself and all other persons entitled to share in funds allocated for the improvement of real property owned by Brownsville Housing Development Fund Corporation, Plaintiffs, v. BROWNSVILLE HOUSING DEVELOPMENT FUND CORPORATION et al., Defendants.

United States District Court, S. D. New York.

February 4, 1976.

Attorney(s) appearing for the Case

Demov, Morris, Levin & Shein, New York City, for plaintiffs; Kenneth M. Block, New York City, of counsel.

Thomas J. Cahill, Acting U. S. Atty., New York City, for defendant Carla Hills, Secretary of the United States Dept. of Housing & Urban Development; Peter C. Salerno, Asst. U. S. Atty., New York City, of counsel.

Weisman, Celler, Spett, Modlin & Wertheimer, New York City, for defendant Manufacturers Hanover Trust Co.; Samuel R. Rudey, New York City, of counsel.

St. John & Dougherty, Port Washington, N. Y., for defendant East New York Sav. Bank; Thomas P. Dougherty, Port Washington, N. Y., of counsel.

OPINION

WERKER, District Judge.

These are two related causes of action for amounts due to a general contractor under construction contracts for the construction of two low-income housing developments. For convenience, 75 Civ. 84 will be referred to as East New York, and 75 Civ. 85 will be referred to as Brownsville.

Plaintiff has moved for summary judgment in each case under the Federal Rules of Civil Procedure, Rule 56. The Secretary...

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