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MUNOZ-MENDOZA v. PIERCE

No. 82-1706.

711 F.2d 421 (1983)

Viviana MUNOZ-MENDOZA, et al., Plaintiffs, Appellants, v. Samuel R. PIERCE, Jr., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 13, 1983.

Rehearing Denied July 20, 1983.

Attorney(s) appearing for the Case

Albert W. Wallis, Quincy, Mass., with whom Frank I. Smizik, Boston, Mass., was on brief, for plaintiffs, appellants.

Janet E. LaBella, Washington, D.C., with whom Rachael M. Hopp, Asst. Gen. Counsel, Washington, D.C., was on brief, for The Nat. Committee Against Discrimination in Housing, Inc., amicus curiae.

Douglas N. Letter, Atty., Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., William F. Weld, U.S. Atty., Boston, Mass., Michael Jay Singer, Atty., Appellate Staff, Civ. Div., Dept. of Justice, Gershon M. Ratner, Associate Gen. Counsel for Litigation, Howard Schmeltzer, Sp. Asst. to the Associate Gen. Counsel for Litigation, and Mier Wolf, Senior Trial Atty., Office of Gen. Counsel, Dept. of Housing and Urban Development, Washington, D.C., were on brief, for federal appellees.

Before BOWNES and BREYER, Circuit Judges, and WYZANSKI, Senior District Judge.

BREYER, Circuit Judge.

The plaintiffs in this suit are several minority residents of Boston's South End, South Cove, and Chinatown neighborhoods, and a Chinatown neighborhood association. In essence, they seek judicial review of a "final agency action," 5 U.S.C. § 704, the decision of the Department of Housing and Urban Development (HUD) to grant $19 million to the City of Boston to help develop the Copley Place commercial complex. The

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