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BRECKER v. QUEENS B'NAI B'RITH HOUSING DEVELOPMENT FUND CO., INC.

No. 349, Docket 85-6148.

798 F.2d 52 (1986)

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

United States Court of Appeals, Second Circuit.

Decided August 12, 1986.

Attorney(s) appearing for the Case

Herbert Semmel, New York City (Lewis A. Golinker, New York City, New York Lawyers for the Public Interest, of counsel), for plaintiffs-appellants.

John H. Beers, New York City (Donald A. Derfner, New York City, Olnick, Boxer, Blumberg, Lane & Troy, of counsel), for defendant-appellee, Queens B'Nai B'rith Housing Development Fund Co., Inc.

Charles S. Kleinberg, Asst. U.S. Atty., Brooklyn, N.Y. (Raymond J. Dearie, U.S. Atty. for E.D.N.Y., Robert L. Begleiter, Asst. U.S. Atty., Howard M. Schmeltzer, Anthony J. Ciccone, Jr., Office of Gen. Counsel, U.S. Dept. of Housing and Urban Development, of counsel), for defendant-appellee, Samuel R. Pierce.

Before TIMBERS, PIERCE and MINER, Circuit Judges.

PIERCE, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Eastern District of New York, Thomas C. Platt, Jr., Judge, granting defendants' motion for summary judgment and holding that a housing project federally funded pursuant to Section 202 of the Housing Act of 1959, 12 U.S.C. § 1701q, may admit only one or some of four classes of persons for whose benefit Section 202 was enacted, where the needs of the group...

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