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KARGMAN v. SULLIVAN

No. 77-1559.

582 F.2d 131 (1978)

Max R. KARGMAN et al., Plaintiffs, Appellants, v. Thomas A. SULLIVAN et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 22, 1978.

Attorney(s) appearing for the Case

Richard F. McCarthy, Boston, Mass., with whom Willcox, Pirozzolo & McCarthy, Boston, Mass., was on brief, for appellants.

Thomas H. Martin, Boston, Mass., with whom Mason & Dangel, Boston, Mass., was on brief, for appellees City of Boston and Boston Rent Board.

Mark D. Stern and Brian Michael Olmstead, Boston, Mass., with whom Stern & Zack, Boston, Mass., was on brief for intervenors, appellees.

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

LEVIN H. CAMPBELL, Circuit Judge.

We held last year that the plaintiffs, who were owners of apartments subsidized and financed under § 221(d)(3) of the National Housing Act, 12 U.S.C. § 1715l(d)(3), were not immune by virtue of the Supremacy Clause from Boston rent control during certain years in 1970. Kargman v. Sullivan, 552 F.2d 2 (1st Cir. 1977). We concluded that,

"the [Supreme] Court would deem...

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