FOX v. UNITED STATES DEP'T OF HOUSING, ETC.

Nos. 82-1039, 82-1063.

680 F.2d 315 (1982)

Barbara FOX, Alan M. Lerner, Georgiana Teaford, Alice Lipscomb, Thelma Dingle, Hattie Shelton, Catherine Neff, George Malone, Faye Levison, Harry Hornickel, Richard Callahan, and Richard Apfelbaum, on behalf of themselves and all others similarly situated v. The UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; James Lynn, Individually and in his official capacity as Secretary of the United States Department of Housing and Urban Development; Theodore Robb, Individually and in his capacity as Regional Administrator of Region III, U. S. Department of Housing and Urban Development; Douglas Chafin, Individually and in his capacity as Acting Area Director of the Philadelphia Area Office of the U. S. Department of Housing and Urban Development; the City of Philadelphia; Frank L. Rizzo, Individually and in his official capacity as Mayor of the City of Philadelphia; the Relocation Service of the City of Philadelphia; Olive Jo Johnson, Individually and in her official capacity as Assistant Director of the Relocation Service of the City of Philadelphia; the Redevelopment Authority of the City of Philadelphia; Michael J. Lonergan, Individually and in his official capacity as Chairman of the Redevelopment Authority of the City of Philadelphia; Augustine Salvitti, Individually and in his official capacity as Executive Director of the Redevelopment Authority of the City of Philadelphia, The United States Department of Housing and Urban Development; James Lynn, Individually and in his official capacity as Secretary of the United States Department of Housing and Urban Development; Theodore Robb, Individually and in his capacity as Regional Administrator of Region III, U. S. Department of Housing and Urban Development; Douglas Chaffin, Individually and in his capacity as Acting Area Director of the Philadelphia Area Office of the U. S. Department of Housing and Urban Development, Appellants.

United States Court of Appeals, Third Circuit.

Decided June 1, 1982.

Rehearing and Rehearing Denied July 9, 1982.


Attorney(s) appearing for the Case

Anthony J. Steinmeyer, Michael Jay Singer (argued), Attys., Appellate Staff Civ. Div., Dept. of Justice, Washington, D.C., for appellants; Peter F. Vaira, U. S. Atty., Philadelphia, Pa., J. Paul McGrath, Asst. Atty. Gen., Washington, D. C., on brief; Gershon M. Ratner, Associate Gen. Counsel for Litigation; Edward G. Weil, Dept. of Housing and Urban Development, Washington, D. C., of counsel, for appellants.

Harold R. Berk (argued), Philadelphia, Pa., Alan M. Lerner, Cohen, Shapiro, Polisher, Shiekman & Cohen, Philadelphia, Pa., for appellees.

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

Kathryn S. Lewis, Chief Asst. City Sol., Law Dept., City of Philadelphia, Philadelphia, Pa., for appellee, City of Philadelphia.

Before ALDISERT, WEIS and BECKER, Circuit Judges.


Rehearing and Rehearing In Banc Denied July 9, 1982.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Alternatively interpreting and modifying a consent decree, the district court ordered the Secretary of Housing and Urban Development to set aside approximately $11 million in Government National Mortgage Association (GNMA) tandem financing at an interest rate of 7.5% to finance rehabilitation of 111 units and construction of 20 units of subsidized rental...

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