FRISBY v. U.S. DEPT. OF HOUSING & URBAN DEVELOPMENT

No. 84-5034.

755 F.2d 1052 (1985)

Audrey FRISBY, Hortense Smallwood, Gloradine Russell, Ben Randolph, Shirley A. Jones, Kay Burdett, Charles Downing, Lena Bess, and Richard Holmes, Appellants, v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), Samuel Pierce, in his official capacity as Secretary of HUD, Walter Johnson, in his official capacity as Director of the HUD Area Office in Newark, New Jersey, John Evans, in his official capacity as Chief of the Property Disposition Branch of the HUD Area office in Newark, New Jersey, and Frankel and Rubinson, Land Developers, Appellees.

United States Court of Appeals, Third Circuit.

Decided February 28, 1985.


Attorney(s) appearing for the Case

James R. Grow (argued), David B. Bryson, National Housing Law Project, Berkeley, Cal., Florence Wagman Roisman, National Housing Law Project, Washington, D.C., Marcia Soast, Nicky Sheats, Camden Regional Legal Services, Inc., Camden, N.J., for appellants.

Mary Catherine Cuff, Asst. U.S. Atty. (argued), W. Hunt Dumont, U.S. Atty., Newark, N.J., for appellees.

Before SEITZ and BECKER, Circuit Judges, and TEITELBAUM, District Judge.


OPINION OF THE COURT

TEITELBAUM, District Judge.

I.

Appellants brought a class action suit seeking to enjoin the sale of Everett Gardens by the Secretary of Housing and Urban Development (HUD) to a private developer without rehabilitation requirements and without the Section 8 Certificates attached to the sale of the project pursuant to 24 C.F.R. § 886 (1983).

Appellants alleged, among other things, that the sale violated 12 U.S.C...

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