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NEWBURY LOC. SCH. D. v. GEAUGA CY. METRO. HOUSING

No. 83-3045.

732 F.2d 505 (1984)

NEWBURY LOCAL SCHOOL DISTRICT BOARD OF EDUCATION, et al., and Cardinal Local School District Board of Education, et al., Plaintiffs-Appellants, v. GEAUGA COUNTY METROPOLITAN HOUSING AUTHORITY, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 16, 1984.

Attorney(s) appearing for the Case

David J. Eardley (argued), Eardley & Wantz, Richard C. Woollams, Jr., Chardon, Ohio, Francis X. Reddy, Jr., Reddy, Grau & Meek, Paul A. Grau, Garfield Heights, Ohio, J. Melvin Andrews, Andrews & Todoroff, Eastlake, Ohio, for plaintiffs-appellants.

Norman R. Fisher, Jr. (argued), Hendershott, Huffman & Peckinpauc Co., Marcia W. Johnson (argued), Asst. U.S. Atty., Cleveland, Ohio, John E. Redeker, Sperry, Hassett & Redeker Co., Chardon, Ohio, for defendants-appellees.

Before EDWARDS and MERRITT, Circuit Judges, and BROWN, Senior Circuit Judge.

MERRITT, Circuit Judge.

This case raises a question of first impression. The United States Housing Act of 1937, as amended, 42 U.S.C. §§ 1437-1437n, authorizes the Secretary of Housing and Urban Development to provide loans to public housing authorities to finance low income housing projects. In recognition that there should be local determination of the need for such housing, the Act prohibits the Secretary from contracting for preliminary loans unless...

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