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BRANDON v. PIERCE

No. 82-2019.

725 F.2d 555 (1984)

Herbert Earl BRANDON and Iva Marie Brandon, Plaintiffs-Appellants, v. Samuel R. PIERCE, Secretary of Housing and Urban Development, and the City of Stilwell, Oklahoma, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 12, 1984.

Attorney(s) appearing for the Case

Victor Law Ellis, Tulsa, Okl., for plaintiffs-appellants.

Maria A. Iizuka, Atty., Dept. of Justice, Washington, D.C. (Carol E. Dinkins, Asst. Atty. Gen., Washington, D.C., Gary L. Richardson, U.S. Atty., Mark F. Green, Asst. U.S. Atty., Muskogee, Okl., Robert L. Klarquist, Atty., Dept. of Justice, and Carolyn B. Lieberman, Asst. Gen. Counsel for Litigation, and Edward G. Weil, Atty., Dept. of Housing and Urban Development, Washington, D.C., of counsel, were also on the brief), for defendants-appellees, The Secretary of Housing and Urban Development.

Jack E. Rider, Stilwell, Okl., for defendant-appellee, City of Stilwell.

Before HOLLOWAY and LOGAN, Circuit Judges, and ARRAJ, District Judge.

HOLLOWAY, Circuit Judge.

This controversy stems from an Urban Development Action Grant (UDAG) that would expand a city-owned sewage treatment facility onto property owned by Herbert and Iva Brandon. The Brandons brought suit in the district court, seeking injunctive and declaratory relief against the Secretary of Housing and Urban Development (HUD) and the City of Stilwell, Oklahoma. The Brandons alleged that HUD had violated the National Environmental Policy Act...

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