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  5. 233 S.E.2d 740 (1977)
 

HOUS. AUTH. OF CITY OF BLUEFIELD, ETC. v. E. T. BOGGESS, ARCHITECT, INC.

No. 13661.

233 S.E.2d 740 (1977)

The HOUSING AUTHORITY OF the CITY OF BLUEFIELD, West Virginia, a Public Corporation v. E. T. BOGGESS, ARCHITECT, INC., a corporation, et al.

Supreme Court of Appeals of West Virginia.

April 5, 1977.

Attorney(s) appearing for the Case

Fred O. Blue, Bluefield, for Bluefield Housing Authority.

Rex E. Lee, Asst. Atty. Gen., Washington, D. C., John A. Field, III, U. S. Atty., Charleston, W. Va., Stuart E. Schiffer and Kevin R. McCarthy, Dept. of Justice, Washington, D. C., for Secretary of Housing and Urban Development, intervenor-appellant.

Steptoe & Johnson, Edward W. Eardley, Charleston, for appellee.

HARSHBARGER, Justice.

This is an appeal from a dismissal order by the Circuit Court of Mercer County.

On March 26, 1964, the Housing Authority of the City of Bluefield, Mercer County, West Virginia entered into an Annual Contributions Contract with the Department of Housing and Urban Development, pursuant to the United States Housing Act of 1937, 42 U.S.C.A. § 1437 et seq., to provide for development and operation of two low rent housing projects...

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