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COMMITTEE FOR FAIRNESS v. KEMP

Civ. A. No. 87-0324 (HHG).

791 F.Supp. 888 (1992)

COMMITTEE FOR FAIRNESS, et al., Plaintiffs, v. Jack F. KEMP, Secretary of Housing and Urban Development, Defendant.

United States District Court, District of Columbia.

May 7, 1992.

Attorney(s) appearing for the Case

Florence Roisman; Nancy Tyler Bernstine, and Patricia Mullahy Fugere, Reno, Cavanaugh & Hornig, Washington, D.C., for plaintiffs.

Stuart A. Licht, Arthur R. Goldberg, Renee M. Wohlenhaus, Attys. Civil Div., U.S. Dept. of Justice; and Michael T. Robinson, Office of Litigation, U.S. Dept. of Housing and Urban Development, Washington, D.C., for defendant (Howard M. Schmeltzer, Asst. Gen. Counsel, U.S. Dept. of Housing and Urban Development, of counsel).

OPINION

HAROLD H. GREENE, District Judge.

A number of public housing authorities from around the nation brought suit against the Secretary of Housing and Urban Development (HUD) for his implementation of a new method for calculating their operating subsidies and for doing so retroactively, in violation of the Administrative Procedure Act. Plaintiffs seek a declaratory ruling that these changes are invalid, and an injunction to prohibit HUD from recapturing...

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