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TRANS-BAY ENGINEERS & BUILDERS, INC. v. HILLS

No. 75-1976.

551 F.2d 370 (1976)

TRANS-BAY ENGINEERS AND BUILDERS, INC., Appellant, v. Carla A. HILLS, Secretary of Housing and Urban Development, et al.,

United States Court of Appeals, District of Columbia Circuit.

Decided December 30, 1976.

Attorney(s) appearing for the Case

Myron P. Curzan, Washington, D. C., with whom J. Bradway Butler and Kenneth V. Handal, Washington, D. C., were on the brief for appellant.

Richard A. Graham, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry and Robert M. Werdig, Jr., Asst. U. S. Attys., Washington, D. C., were on the brief for federal appellees.

Morton W. Schomer, Arthur I. Cantor and Barry P. Rosenthal, Washington, D. C., were on the brief for appellee Advance Mortg. Corp.

Before McGOWAN, LEVENTHAL and ROBB, Circuit Judges.

Opinion for the Court filed by Circuit Judge LEVENTHAL.

LEVENTHAL, Circuit Judge:

Plaintiff-appellant, Trans-Bay Engineers & Builders, Inc. (Trans-Bay), is a minority owned business engaged in construction and general contracting work in the Oakland-San Francisco Bay Area. Trans-Bay seeks certain sums of money retained as a "holdback" during the construction of a housing project financed pursuant to § 236 of the National Housing Act, 12 U.S.C. §...

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