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SILVA v. EAST PROVIDENCE HOUSING AUTHORITY

No. 77-1087.

565 F.2d 1217 (1977)

Jeannette SILVA et al., Plaintiffs, Appellees, v. EAST PROVIDENCE HOUSING AUTHORITY et al., Defendants, Appellees, Carla A. Hills, etc., et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided November 22, 1977.

Attorney(s) appearing for the Case

Barry L. Goldstein, Atty., Civil Division, Dept. of Justice, Washington, D.C., with whom Barbara Allen Babcock, Asst. Atty. Gen., Washington, D.C., Lincoln C. Almond, U.S. Atty., Providence, R.I., and William Kanter, Atty., Civil Division, Dept. of Justice, Washington, D.C., were on brief, for defendants, appellants.

Barry Kusinitz, Providence, R.I., with whom Alden C. Harrington and Joseph F. Dugan, Providence, R.I., were on brief, for plaintiffs, appellees.

Before COFFIN, Chief Judge, TUTTLE, Circuit Judge, and CAMPBELL, Circuit Judge.

COFFIN, Chief Judge.

This appeal asks whether the Secretary of the Department of Housing and Urban Development (HUD) has the power to terminate a low rent public housing project contract with a local housing authority for lack of diligent prosecution. If the power exists, a second question is whether, in this case, HUD acted so unreasonably as to render the termination invalid.

Plaintiffs-appellees are prospective tenants of the low rent housing which would...

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