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HOUSING AUTH. OF ELLIOTT COUNTY v. BERGLAND

No. 83-5779.

749 F.2d 1184 (1984)

HOUSING AUTHORITY OF ELLIOTT COUNTY; Frontier Housing, Inc., Plaintiffs-Appellants, v. Bob BERGLAND, individually and in his official capacity as Secretary of U.S. Department of Agriculture; Gordon Cavanaugh, individually and in his official capacity as Administrator, Farmers Home Administration; Daniel Marcus, individually and in his official capacity as General Counsel, U.S. Department of Agriculture, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 19, 1984.

Rehearing Denied January 14, 1985.

Attorney(s) appearing for the Case

David Flatt, Sandy Hook, Ky., Forrest Roberts (Lead), Northeast Ky. Legal Services, Morehead, Ky., for plaintiffs-appellants.

Keith M. Werhan, Catherine H. Coleman, Washington, D.C., Peter R. Maier (Lead), Robert S. Greenspan, Dept. of Justice, Civ. Div., Washington, D.C., for defendants-appellees.

Before EDWARDS and WELLFORD, Circuit Judges, and WEICK, Senior Circuit Judge.

WELLFORD, Circuit Judge.

Frontier Housing, Inc. ("Frontier") and the Housing Authority of Elliott County, Kentucky ("Authority"), brought suit against the Secretary of Agriculture under § 8401, et seq., which provides housing assistance to "impacted areas" of concentrated mining activity.1 Attorneys for Frontier and for the Authority joined in an appeal following an adverse decision by the district court and in the joint subsequent...

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