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CITY OF KANSAS CITY, MO. v. HUD

No. 89-5385.

923 F.2d 188 (1991)

The CITY OF KANSAS CITY, MISSOURI, Appellant, v. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided January 18, 1991.

Attorney(s) appearing for the Case

Otto J. Hetzel, Washington, D.C., with whom Gaylord A. Virden was on the brief, for appellant.

Nathan Dodell, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., and Gershon M. Ratner, Washington, D.C., Associate Gen. Counsel for Dept. of Housing and Urban Development, were on the brief, for appellees.

Before EDWARDS, D.H. GINSBURG, and SENTELLE, Circuit Judges.

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

Concurring opinion filed by Circuit Judge D.H. GINSBURG.

HARRY T. EDWARDS, Circuit Judge:

The Urban Development Action Grant ("UDAG") program authorizes the Secretary of the Department of Housing and Urban Development ("HUD" or "the agency") to make grants to cities and urban counties experiencing "severe economic distress." 42 U.S.C. § 5318(a) (1988). In 1983, appellant City of Kansas...

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