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MANN v. PIERCE

No. 85-3810.

803 F.2d 1552 (1986)

Daniel E. MANN, Elizabeth Cannon and Lillian Rauh, Plaintiffs-Appellees, v. Samuel R. PIERCE, Jr. and U.S. Dept. of Housing & Urban Development, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

November 13, 1986.

Attorney(s) appearing for the Case

David Deutsch, Trial Atty., U.S. Dept. of HUD, Barry F. Smith, Washington, D.C., for defendants-appellants.

Jawdit I. Rubaii, Clearwater, Fla., for plaintiffs-appellees.

Before TJOFLAT and KRAVITCH, Circuit Judges, and TUTTLE, Senior Circuit Judge.

KRAVITCH, Circuit Judge:

This interlocutory appeal requires us to determine whether the tenants of a housing project owned by the United States Department of Housing and Urban Development (HUD) may sue their Federal landlord for breaching the warranty of habitability in their leases. We conclude that they may bring their claims in district court.1

I. BACKGROUND

The plaintiffs...

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