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KIRBY v. UNITED STATES DEPT. OF H.U.D.

Civ. A. No. 80-919Q.

563 F.Supp. 248 (1983)

Regis J. KIRBY, Marie Maiers, Emily Traum, Henry Simmons, Patrick Maloney, and Norbert Loveland, and all others similarly situated, Plaintiffs, v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, St. Francis General Hospital and St. Francis Plaza, Inc., Defendants.

United States District Court, W.D. Pennsylvania.

May 11, 1983.

Attorney(s) appearing for the Case

Michael W. Zurat, Pittsburgh, Pa., for plaintiff.

Richard Martin, Joan Feldman, Baskin & Sears, Joel Straus, Asst. U.S. Atty., Pittsburgh, Pa., for defendants.

OPINION

DUMBAULD, Senior District Judge.

In Kirby v. U.S. et al., 675 F.2d 60 (C.A.3, 1982), the Third Circuit Court of Appeals held that plaintiffs had standing to sue and that the Secretary of HUD's decision to fund a subsidized housing project for the elderly was not immune to judicial review; and that therefore this Court should not have granted defendants' motion to dismiss plaintiffs' complaint seeking to enjoin...

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