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WOODSIDE VILLAGE v. SEC. OF U. S. DEPT. OF LABOR

No. 77-3724.

611 F.2d 312 (1980)

WOODSIDE VILLAGE, a Limited Partnership, and J. L. Johnston General Partner, Plaintiffs-Appellees, v. SECRETARY OF UNITED STATES DEPARTMENT OF LABOR, Secretary of United States Department of Housing and Urban Development, Defendants-Appellants, v. KASSLER/WEST MORTGAGE CO., INC. (now known as Kassler & Co.), and Seattle First National Bank, Defendants.

United States Court of Appeals, Ninth Circuit.

January 4, 1980.

Attorney(s) appearing for the Case

Barbara L. Herwig, Dept. of Justice, Washington, D.C., argued for defendants-appellants; Carin Ann Clauss, Dept. of Justice, Washington, D.C., on the brief.

Eric Winter, Los Angeles, Cal., argued for plaintiffs-appellees; William D. Artus, Anchorage, Alaska, Anderson, McPharlin & Conners, Los Angeles, Cal., on the brief.

Before CHAMBERS and TANG, Circuit Judges, and THOMPSON, District Judge.

PER CURIAM:

This case is procedurally unique but it involves an issue of law which in all probability will never arise again.

The action was instituted on June 19, 1973 by the Contractor, Woodside Village, against the Secretary of Labor, the Secretary of Housing and Urban Development, Kassler-West Mortgage Co., Inc., and Seattle First National Bank, to compel release of construction loan funds which were being withheld on orders of the Departments of Labor...

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