TIMBERS, Circuit Judge:
The defendants in the district court in this action were Samuel R. Pierce, the Secretary of the United States Department of Housing and Urban Development ("the Secretary" or "HUD") and BHAP Housing Development Fund Company, Inc. ("BHAP"), a non-profit corporation organized for the purpose of constructing a facility for the elderly in Brooklyn. The Secretary is the sole appellant/cross-appellee. The plaintiffs in the district court were C.H...
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