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COM. OF PA., BY SHAPP v. KLEPPE

No. 74-1960.

533 F.2d 668 (1976)

COMMONWEALTH OF PENNSYLVANIA, By Milton J. SHAPP, its Governor, et al., Appellants, v. Thomas S. KLEPPE, as Administrator of the Small Business Administration, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 4, 1976.

Rehearing Denied May 3, 1976.

Attorney(s) appearing for the Case

Norman J. Watkins, Deputy Atty. Gen., Harrisburg, Pa., with whom Israel Packel, Atty. Gen., and Lawrence Silver, Deputy Atty. Gen., Harrisburg, Pa., were on the brief for appellants.

Mary Elizabeth Medaglia, Asst. U.S. Atty., Washington, D.C., with whom Earl J. Silbert, U.S. Atty., John A. Terry and Thomas G. Corcoran, Asst. U.S. Attys., Washington, D.C., were on the brief for appellees.

Before LUMBARD, Senior Circuit Judge for the Second Circuit, and TAMM and WILKEY, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILKEY.

Dissenting opinion filed by Senior Circuit Judge LUMBARD.

WILKEY, Circuit Judge:

In late June of 1972 the mid-Atlantic coastal region was battered by the winds and inundated by the rains of Hurricane Agnes. The states of Pennsylvania, Maryland, and Virginia were designated major disaster areas1 and thereby became eligible for...

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