No. 82-3205.

709 F.2d 1307 (1983)

Homer CLARY, Plaintiff-Appellant, v. Daryl MABEE, Samuel R. Pierce, Jr., Secretary of Housing and Urban Development (HUD) and HUD, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 6, 1983.

Attorney(s) appearing for the Case

Andrew C. Thomas, Idaho Legal Aid Services, Inc., Caldwell, Idaho, for plaintiff-appellant.

Jonathan Strong, Trial Atty., U.S. Dept. of Housing & Urban Development, Washington, D.C., for defendants-appellees.

Before WALLACE, ANDERSON, and SCHROEDER, Circuit Judges.

SCHROEDER, Circuit Judge.

Plaintiff-appellant is a tenant in a low income, privately owned housing project. His rent is subsidized under the United States Housing Act of 1937, as amended 42 U.S.C. § 1437 et seq. (1976 & Supp. V 1981). He filed this action challenging the method by which his monthly utility allowance is computed and claiming entitlement to further utility subsidization by the Department of Housing & Urban Development (HUD...

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