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THETFORD PROPERTIES v. DEPT. OF HOUS. & URBAN DEV.

No. 89-1778.

907 F.2d 445 (1990)

THETFORD PROPERTIES IV LIMITED PARTNERSHIP, on behalf of itself and as representative of the class defined herein; Baker Street Associates, on behalf of itself and as representative of the class defined herein, Plaintiffs-Appellants, v. U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT; Jack Kemp, Secretary, Department of Housing and Urban Development, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 2, 1990.

Attorney(s) appearing for the Case

Charles L. Edson (argued) (J. Robert Kirk, Harry J. Kelly, Kelley, Drye & Warren, Washington, D.C., Mark C. Kirby, Faison & Brown, Raleigh, N.C., Martin S. Kaufman, Douglas Foster, Atlantic Legal Foundation, Inc., New York City, on briefs), for plaintiffs-appellants.

John Samuel Koppel (argued) (Stuart M. Gerson, Asst. Atty. Gen., Michael Jay Singer, Civil Div., U.S. Dept. of Justice, Washington, D.C., Margaret P. Currin, U.S. Atty., Raleigh, N.C., Gershon M. Ratner, Associate Gen. Counsel for Litigation, Angelo Aiosa, Asst. Gen. Counsel, Richard M. Price, Office of Litigation, Dept. of Housing and Urban Development, Washington, D.C., on briefs), for defendants-appellees.

Before RUSSELL, WIDENER, and HALL, Circuit Judges.

K.K. HALL, Circuit Judge:

Thetford Properties IV Limited Partnership ("Thetford") and Baker Street Associates ("Baker") appeal from the district court's order dismissing their claims for failure to exhaust their administrative remedies. Finding no error, we affirm.

I.

A. Statutory Background

In 1961, Congress incorporated into § 221(d)(3) of the National Housing Act a program to encourage the private development of low- to moderate...

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