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MOORER v. DEPT. OF H. U. D.

No. 76-1830.

561 F.2d 175 (1977)

Juanita MOORER, Marilyn Gilbert, Roy Isom and Barbara Isom, Capitola Cunningham, Jan Willsey, Norma Thomas, Hazel Haughenberry and Lamont Chandler, Individually and on behalf of all others similarly situated, Appellees, v. The DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Carla A. Hills, Secretary of the Department of Housing and Urban Development, William R. Southerland, Area Director, Department of Housing and Urban Development, American Development Corporation, Kenwood Apartments, a California Limited Partnership, James E. Thompson, Operations Officer, American Development Corporation, and Westport Co-operative Mission, Inc., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided September 9, 1977.

Rehearing and Rehearing Denied October 28, 1977.

Attorney(s) appearing for the Case

Bruce G. Forrest, U. S. Dept. of Justice, Appellate Sec., Civ. Div., Washington, D. C., for appellants; Bert C. Hurn, U. S. Atty., Kansas City, Mo., Ronald R. Glancz, Atty., Civ. Div., Dept. of Justice, Washington, D. C.; Rex E. Lee, Asst. Atty. Gen., on briefs; and Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., on appellants' reply brief.

J. D. Riffel, Legal Aid and Defender Society, Kansas City, Mo., for appellees; James Gramling, Kansas City, Mo., on the brief.

John Sherman Cooper, Theodore Voorhees, Jr., Sana F. Shtasel and Douglas E. Winter of Covington & Burling, Washington, D. C., and Florence W. Roisman, National Housing Law Project, Washington, D. C., amicus curiae on brief.

Before STEPHENSON and WEBSTER, Circuit Judges, and BENSON, District Judge.

Rehearing and Rehearing En Banc Denied October 28, 1977.

BENSON, District Judge.

In this case, the Department of Housing and Urban Development, Carla A. Hills, the Secretary, and William R. Southerland, Area Director, have appealed from a decision of the district court and have stated the issue to be

whether the Uniform Relocation and Assistance and Real Property Acquisition Policies Act ("URA") 42 U.S.C. 4601, et seq., provides benefits for...

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