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CITY OF KANSAS CITY, MO. v. U.S. DEPT. OF HUD

Nos. 87-5354, 87-5408.

861 F.2d 739 (1988)

CITY OF KANSAS CITY, MISSOURI v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, et al., Appellants. (Two Cases)

United States Court of Appeals, District of Columbia Circuit.

Decided November 18, 1988.

Attorney(s) appearing for the Case

Robert K. Rasmussen, Atty., Dept. of Justice, with whom John R. Bolton, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., Michael Jay Singer, Atty., Dept. of Justice, Gershon M. Ratner and John W. Herold, Associate General Counsels, and Carl A. Tibbetts, Atty., U.S. Dept. of Housing and Urban Development, Washington, D.C., were on the brief, for appellants.

Otto J. Hetzel, with whom Carl A.S. Coan, III, Washington, D.C., was on the brief, for appellee.

Before EDWARDS, BUCKLEY and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

Under the Community Development Block Grant ("CDBG") program, the Secretary of the Department of Housing and Urban Development ("the Secretary" or "HUD") makes grants to units of state and local government. The appellee, the City of Kansas City ("the City"), is a recipient of annual CDBG grants. After a dispute arose over the City's use of CDBG funds from 1978 to...

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