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FHM CONSTRUCTORS v. CANTON HOUSING AUTHORITY

No. 91-CV-0065.

779 F.Supp. 677 (1992)

FHM CONSTRUCTORS, INC. and Hoot Owl Express Enterprises, Inc., Plaintiffs, v. VILLAGE OF CANTON HOUSING AUTHORITY, Thomas F. Harnett, as Commissioner of Labor of the State of New York, and Jack F. Kemp, as Secretary of the United States Department of Housing and Urban Development, Defendants.

United States District Court, N.D. New York.

January 6, 1992.

Attorney(s) appearing for the Case

Damon & Morey, Buffalo, N.Y., for plaintiffs; James N. Schmit, Joseph Ferraro, of counsel.

Frederick J. Scullin, Jr., U.S. Atty., Syracuse, N.Y., for defendant HUD; William H. Pease, Asst. U.S. Atty., of counsel.

Kitay and Elmer, Canton, N.Y., for defendant Village of Canton Housing Authority; John D. Elmer, of counsel.

Robert Abrams, Atty. Gen. of the State of N.Y., New York City, for defendant Harnett; M. Patricia Smith, Asst. Atty. Gen., of counsel.

MEMORANDUM DECISION AND ORDER

McCURN, Chief Judge.

INTRODUCTION

In their amended complaint plaintiffs assert four causes of action. Their first and second causes of action seek a declaratory judgment that federal housing and community development laws governing the construction of low income housing, 42 U.S.C. § 1437 et seq., federal prevailing wage rate legislation, 40 U.S.C. § 276a et seq., and regulations promulgated...

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