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BREWER v. MADIGAN

No. 91-1035.

945 F.2d 449 (1991)

Barbara BREWER, Plaintiff, Appellant, v. Edward R. MADIGAN, etc., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 26, 1991.

Attorney(s) appearing for the Case

Patrick Ende, with whom Pine Tree Legal Assistance, Inc., Augusta, Me., was on brief for plaintiff, appellant.

D. Bruce la Pierre, Appellate Staff, Civil Div., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Washington, D.C., Richard S. Cohen, U.S. Atty., Portland, Me., and Barbara C. Biddle, Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C., were on brief for defendants, appellees.

Before BREYER, Chief Judge, and ALDRICH and TORRUELLA, Circuit Judges.

TORRUELLA, Circuit Judge.

Barbara Brewer resided in a low-income rural housing project owned by Realty Resources, Inc., and financed by the Farmers Home Administration ("FmHA") under § 515 of Title V of the Housing Act of 1949, 42 U.S.C. § 1485. In July of 1987, Realty Resources, Inc., served Mrs. Brewer with an eviction notice, yet refused to grant her a hearing relying on a recent amendment to regulations which excluded evictions of tenants of FmHA-subsidized...

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