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BUSINESS ASS'N OF UNIVERSITY CITY v. LANDRIEU

No. 80-2717.

660 F.2d 867 (1981)

BUSINESS ASSOCIATION OF UNIVERSITY CITY, University City Business Association, Inc., Cheryl Bethea, and Cedar Park Community Development Corporation v. LANDRIEU, Moon, Secretary of the Department of Housing and Urban Development, and City of Philadelphia, and Redevelopment Authority of the City of Philadelphia and I.B.I.D. Associates, Resident Advisory Board, and Tenant Action Group. Appeal of BUSINESS ASSOCIATION OF UNIVERSITY CITY and University City Business Association, Inc.

United States Court of Appeals, Third Circuit.

Decided August 5, 1981.

Rehearing and Rehearing Denied September 29, 1981.

As Amended October 13, 1981.

Attorney(s) appearing for the Case

Alice W. Ballard, Steven A. Hyman, Ralph David Samuel (argued), Samuel, Ballard & Hyman, Philadelphia, Pa., for appellants.

Henry A. Stein, Mesirov, Gelman, Jaffe, Cramer & Jamieson, Philadelphia, Pa., for I.B.I.D. Associates.

Peter F. Vaira, U. S. Atty., James G. Sheehan (argued), Walter S. Batty, Jr., Asst. U. S. Attys., Peter Campanella, John Abbott, Felice Weiner, U. S. Dept. of Housing and Urban Development, Philadelphia, Pa., for Moon Landrieu.

Joyce S. Wilkerson (argued), George D. Gould, Arthur Schmidt, Community Legal Services, Philadelphia, Pa., for Resident Advisory Board and Tenant Action Group.

Louis F. Hinman, III, Deputy City Sol., City of Philadelphia, Philadelphia, Pa., for City of Philadelphia.

Carl S. Primavera, Philadelphia, Pa., for Redevelopment Authority of the City of Philadelphia.

Before ADAMS, ROSENN and HIGGINBOTHAM, Circuit Judges.

Rehearing and Rehearing In Banc Denied September 29, 1981.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

Over the past two decades, Congress and several federal agencies have explored various policies for minimizing racial and economic segregation in American society. One such approach was recognized by this Court in Shannon v. HUD, 436 F.2d 809 (3d Cir. 1970). There, we held that the Civil...

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