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DARBY v. KEMP

No. 91-2113.

957 F.2d 145 (1992)

R. Gordon DARBY; Darby Development Company; Darby Realty Company; Darby Management Company, Incorporated; MD Investment; Parkbrook Acres Associates; Parkbrook Developers, Plaintiffs-Appellees, v. Jack KEMP, Secretary of Housing and Urban Development; C. Austin Fitts, Assistant Secretary for Housing/FHA Commissioner; United States of America, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided February 26, 1992.

Attorney(s) appearing for the Case

Lori Marie Beranek, Civil Div., U.S. Dept. of Justice, Washington, D.C., argued, for defendants-appellants.

Steven D. Gordon, Dunnells, Duvall & Porter, Washington, D.C., argued (Stuart M. Gerson, Asst. Atty. Gen., Anthony J. Steinmeyer, Civil Div., U.S. Dept. of Justice, Washington, D.C., E. Bart Daniel, U.S. Atty., Michelle Z. Ligon, Asst. U.S. Atty., Marvin J. Caughman, Asst. U.S. Atty., Columbia, S.C., on brief), for plaintiffs-appellees.

Before PHILLIPS and WILKINS, Circuit Judges, and WARD, Senior District Judge for the Middle District of North Carolina, sitting by designation.

OPINION

WILKINS, Circuit Judge:

The Secretary of Housing and Urban Development appeals an order of the district court denying his motion to dismiss R. Gordon Darby's claim that the Secretary improperly debarred him from entering into various transactions with all executive branch agencies. The Secretary asserts that Darby's failure to exhaust the available remedies precludes his filing this action in federal court. We agree. Consequently, we reverse and...

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