PROJECT B.A.S.I.C. v. KEMP

No. 91-1612.

947 F.2d 11 (1991)

PROJECT B.A.S.I.C., Plaintiff, Appellee, v. Jack KEMP, Secretary of Housing and Urban Development, et al., Defendants. PHOENIX-GRIFFIN GROUP II, LTD., et al., Plaintiff, Appellee, v. Jack KEMP, Secretary of Housing and Urban Development, et al., Defendants. Jack Kemp, Secretary of Housing and Urban Development, and United States Department of Housing and Urban Development, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided October 17, 1991.


Attorney(s) appearing for the Case

John F. Daly, Atty., Appellate Staff, Civil Div., U.S. Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Michael Jay Singer, Atty., Appellate Staff, Lincoln C. Almond, U.S. Atty., John W. Herold, Associate Gen. Counsel (HUD), Howard M. Schmeltzer, Asst. Gen. Counsel (HUD), and Richard M. Price, Trial Atty. (HUD), Washington, D.C., were on brief, for defendants, appellants.

Robert B. Mann, with whom Mann & Mitchell, Providence, R.I., was on brief, for plaintiffs, appellees Phoenix-Griffin Group II, Ltd., et al.

Steven Fischbach, with whom Judith Kay and Rhode Island Legal Services, Providence, R.I., were on brief, for plaintiff, appellee Project B.A.S.I.C.

Before TORRUELLA and SELYA, Circuit Judges, and YOUNG, District Judge.


SELYA, Circuit Judge.

This is an appeal from a court order holding the Secretary of Housing and Urban Development (HUD) in civil contempt and imposing monetary sanctions.1 We granted a stay and expedited appellate proceedings. We now reverse.

I. BACKGROUND

We begin by tracing the contours of the two earlier proceedings which together gave rise to the present appeal.

A. The Original Litigation (PB-I and PB...

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