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KIRBY v. UNITED STATES GOVERNMENT, ETC.

No. 81-1264.

675 F.2d 60 (1982)

Regis J. KIRBY, Marie Maiers, Emily Traum, Henry Simmons, Patrick Maloney, and Norbert Loveland, and all others similarly situated, Appellants, v. UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, St. Francis General Hospital, and St. Francis Plaza, Inc.

United States Court of Appeals, Third Circuit.

Decided March 19, 1982.

Attorney(s) appearing for the Case

Michael W. Zurat (argued), Mullen & Zurat, Pittsburgh, Pa., for appellants.

J. Alan Johnson, U. S. Atty., Joel B. Strauss, Paul J. Brysh, Asst. U. S. Attys., Pittsburgh, Pa., for United States Dept. of Housing & Urban Development; Peter M. Campanella, Regional Counsel, Paul A. Feiner, Associate Regional Counsel, Patricia Cook Profit, Attorney-Advisor (argued), Felix R. Orraca, Attorney-Advisor, U. S. Dept. of Housing & Urban Development, Philadelphia, Pa., of counsel.

Richard H. Martin, Joan P. Feldman (argued), Baskin & Sears, P. C., Pittsburgh, Pa., for St. Francis General Hospital and St. Francis Plaza, Inc.

Before ALDISERT, ROSENN and WEIS, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

Residents of a neighborhood in which subsidized housing for the elderly and handicapped is to be constructed appeal from the dismissal of their action, brought in the Western District of Pennsylvania, seeking an injunction to halt the proposed housing complex. We reverse and remand.

I.

St. Francis General Hospital (Hospital), established in 1886, is a long-standing, integral part of the health...

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