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PORTSMOUTH REDEVELOPMENT & HOUSING AUTH. v. PIERCE

No. 82-2138.

706 F.2d 471 (1983)

PORTSMOUTH REDEVELOPMENT AND HOUSING AUTHORITY, Appellee, v. Samuel R. PIERCE, Jr., Secretary of the United States Dept. of Housing and Urban Development; Philip Abrams, Assistant Secretary for Housing, United States Dept. of Housing and Urban Development; I. Margaret White, Area Manager, United States Dept. of Housing and Urban Development, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided April 27, 1983.

Rehearing and Rehearing Denied June 20, 1983.

Attorney(s) appearing for the Case

Freddi Lipstein, Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C. (Gershon M. Ratner, Associate Gen. Counsel for Litigation, Howard M. Schmeltzer, Sp. Asst., Suzanne Grealy Curt, U.S. Dept. of Housing & Urban Development, J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., Elsie Munsell, U.S. Atty., Alexandria, Va., on brief), for appellants.

Ralph W. Buxton and Gordon B. Taylor, Jr., Portsmouth, Va. (Cooper, Davis, Kilgore, Parker, Leon & Fennell, P.C., Portsmouth, Va., on brief), for appellee.

Before MURNAGHAN and CHAPMAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied June 20, 1983.

BUTZNER, Senior Circuit Judge:

The Secretary of the Department of Housing and Urban Development (HUD) appeals from the district court's grant of summary judgment awarding Portsmouth Redevelopment and Housing Authority certain declaratory and injunctive relief. Because the district court lacked subject matter jurisdiction, we vacate its order and remand the case with instructions to transfer it to the United...

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