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WILLIAMS v. PIERCE

Nos. 884, 968, Dockets 82-6299, 82-6301.

708 F.2d 57 (1983)

Roy WILLIAMS, Plaintiff-Appellant, and Joseph Christian, as Chairperson of the New York City Housing Authority, New York City Housing Authority, Defendants-Appellants, v. Samuel R. PIERCE, Jr., as Secretary of the United States Department of Housing and Urban Development, United States Department of Housing and Urban Development, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 12, 1983.

Attorney(s) appearing for the Case

David W. Wiltenburg, New York City (William H. Voth, Hughes, Hubbard & Reed, Kalman Finkel and John E. Kirklin, The Legal Aid Society, New York City, on brief), for plaintiff-appellant.

Mary McCorry, New York City (Frederick A.O. Schwarz, Jr., Corp. Counsel of the City of New York, and Walter A. Kretz, Jr., New York City, on brief), for defendants-appellants.

Mark C. Rutzick, Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., John S. Martin, Jr., U.S. Atty., New York City, Gershon M. Ratner, Dennis G. Linder, Penny Q. Seaman, Washington, D.C., and Jonathan Strong, New York City, on the brief) for defendants-appellees.

Before MANSFIELD and MESKILL, Circuit Judges, and NEAHER, District Judge.

NEAHER, District Judge:

The question presented by this expedited appeal is whether the district court abused its discretion in denying appellants' motions for a preliminary injunction barring the Secretary of the Department of Housing and Urban Development ("HUD") from enforcing interim rules he promulgated in order to carry out his responsibilities pursuant to the Omnibus Budget Reconciliation Act ("OBRA"), which became effective October 1, 1981. Pub.L. No. 97-35...

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