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BATTLES FARM CO. v. HARRIS

Nos. 76-1641, 76-1642.

703 F.2d 1292 (1983)

BATTLES FARM COMPANY, et al., Appellants v. Patricia Roberts HARRIS, Secretary of the Department of Housing and Urban Development. BATTLES FARM COMPANY, et al. v. Patricia Roberts HARRIS, Secretary of the Department of Housing and Urban Development.

United States Court of Appeals, District of Columbia Circuit.

Decided April 1, 1983.

Attorney(s) appearing for the Case

Gerald Goldman, Washington, D.C., with whom Philip A. Lacovara, Washington, D.C., was on the brief, for appellants in 76-1641 and appellees in 76-1642. Peter M. Kreindler, Washington, D.C., also entered an appearance for appellants in 76-1641.

Robert S. Greenspan, Atty., Dept. of Justice, Washington, D.C., with whom Rex E. Lee, Asst. Atty. Gen., Earl J. Silbert, U.S. Atty., and Robert E. Kopp, Atty., Dept. of Justice, Washington, D.C., were on the brief, for appellee in 76-1641 and cross-appellant in 76-1642. Stanley S. Harris, U.S. Atty., Washington, D.C., entered an appearance for appellee in 76-1641 and cross-appellant in 76-1642. John S. Koppel, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for appellee in 76-1641.

Before MacKINNON, Circuit Judge, and BAZELON and McGOWAN, Senior Circuit Judges.

Opinion PER CURIAM.

PER CURIAM:

Battles Farm Co., and three other owners of low-income housing projects, challenge the failure of the Secretary of Housing and Urban Development (Secretary) to implement an "operating subsidy" plan for low-income housing projects pursuant to § 236 of the National Housing Act, 12 U.S.C. § 1715z-1 (1976).1 Under the operating subsidy program payments were made to owners of low-income housing...

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