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ALPINE RIDGE GROUP v. KEMP

Nos. 91-35267, 91-35573 and 91-55354.

955 F.2d 1382 (1992)

ALPINE RIDGE GROUP, a partnership; Monroe Associates, a limited partnership; Brentwood, a limited partnership; Campbell Courts Associates, a partnership; Cheney Gardens Limited Partnership, a limited partnership, et al., Plaintiffs-Appellees, and Bitterroot Manor, a limited partnership, et al., Plaintiffs-Intervenors, v. Jack F. KEMP, in his official capacity as Secretary of the United States Department of Urban Development; U.S. Department of Housing and Urban Development, Defendants-Appellants. ALPINE RIDGE GROUP, a partnership; Monroe Associates, a limited partnership; Brentwood, a limited partnership; Campbell Courts Associates, a partnership; Cheney Gardens Limited Partnership, a limited partnership, et al., Plaintiffs-Appellees, v. Jack F. KEMP, in his official capacity as Secretary of the United States Department of Urban Development; U.S. Department of Housing and Urban Development, Defendants-Appellants. ACACIA VILLA; Alicia Park Apartments; Amerige Villa; Antelope Valley, et al., Plaintiffs-Appellees, v. Jack KEMP, Sec. HUD, United States of America, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided February 7, 1992.

Attorney(s) appearing for the Case

Douglas Letter, U.S. Dept. of Justice, Washington, D.C., for defendants-appellants.

Warren J. Daheim, Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim, Tacoma, Wash., Henry A. Hubschman, Fried, Frank, Harris, Shriver & Jacobson, Washington, D.C., for plaintiffs-appellees.

Before WALLACE, Chief Judge, HUG and RYMER, Circuit Judges.

OPINION

WALLACE, Chief Judge:

The Secretary of the Department of Housing and Urban Development (HUD) appeals from decisions of two district courts, 764 F.Supp. 1393, (W.D.Wash.) 774 F.Supp. 1240, (C.D.Cal.) each of which entered a summary or partial summary judgment; one to the Alpine Ridge Group (Alpine) and one to Acacia Villa (Acacia), holding an act of Congress unconstitutional...

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