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KARGMAN v. SULLIVAN

Nos. 76-1304 to 76-1307.

552 F.2d 2 (1977)

Max R. KARGMAN et al., Plaintiffs, Appellees, v. Thomas A. SULLIVAN et al., Appellants. Bertram A. DRUKER et al., Plaintiffs, Appellees, v. CITY OF BOSTON et al., Appellants.

United States Court of Appeals, First Circuit.

Decided March 31, 1977.

As Amended on Denial of Rehearing June 15, 1977.

Attorney(s) appearing for the Case

Thomas H. Martin, Boston, Mass., with whom Philip A. Mason and Mason & Martin, Boston, Mass., were on brief, for City of Boston and Boston Rent Board.

Brien Michael Olmstead, Boston, Mass., for Sarah Wean and others.

Robert L. Klivans, Boston, Mass., with whom Palmer & Dodge, Boston, Mass., was on brief, for James M. Kelley and others.

Mark Stern, East Boston, Mass., with whom Galvin & Stern, East Boston, Mass., was on brief, for Roberta Krakov and others.

Thomas G. Dignan, Jr., Boston, Mass., with whom R. K. Gad, III, Ropes & Gray, Robert J. Sherer, John W. Gahan, III, and Roche, Carens & DeGiacomo, Boston, Mass., were on brief, for Max Kargman and others.

William E. Hughes, Asst. U. S. Atty., was on brief, for United States of America.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

COFFIN, Chief Judge.

The major legal problem in this case is to try to fit the fact that owners of four federally subsidized low and middle income housing projects in Boston have to satisfy both federal and municipal authorities as to the reasonableness of their rents within the doctrinal pronouncements of the Supreme Court in Supremacy Clause decisions. This requires us to review the record as to the impact on plaintiffs of the procedures and decisions of the Boston...

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