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BRECKER v. QUEENS B'NAI B'RITH HOUSING DEV. FUND

No. 83 CV 4751.

607 F.Supp. 428 (1985)

Bonnie BRECKER, Eugene Kamish and Joel Hochberg, on behalf of themselves and all others similarly situated, Plaintiffs, v. QUEENS B'NAI B'RITH HOUSING DEVELOPMENT FUND CO., INC.; Samuel R. Pierce, Jr., as Secretary of the United States Department of Housing and Urban Development, Defendants.

United States District Court, E.D. New York.

April 10, 1985.

Attorney(s) appearing for the Case

New York Lawyers for the Public Interest, Inc. by Herbert Semmel, Lewis Golinker, New York City, for plaintiffs.

Olnick, Boxer, Blumberg, Lane & Troy by Donald A. Derfner, John H. Beers, New York City, for defendant Queens B'nai B'rith Housing Development Fund Co. Inc.

Raymond J. Dearie, U.S. Atty., E.D. N.Y., by Charles S. Kleinberg, Asst. U.S. Atty., Brooklyn, N.Y. (Howard M. Schmeltzer, Anthony J. Ciccone, Jr., U.S. Dept. of Housing and Urban Development, Washington, D.C., on brief), for defendant HUD.

MEMORANDUM AND ORDER

PLATT, District Judge.

The disposition of this suit turns largely on how to interpret Section 202 of the Housing Act of 1959, 12 U.S.C. § 1701q (hereinafter referred to as "Section 202" or "the Act"). In this Court's view, the primary issue raised by plaintiffs' suit is whether a recipient of federal funds, awarded pursuant to Section 202, is required by law or the Constitution to use those funds to benefit all four classes affected...

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