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FOXGLENN INVESTORS LTD. PARTNERSHIP v. CISNEROS

No. 94-1276.

35 F.3d 947 (1994)

FOXGLENN INVESTORS LIMITED PARTNERSHIP, Plaintiff-Appellee, v. Henry G. CISNEROS, Secretary of Housing and Urban Development, Defendant-Appellant, and Jack Kemp, Secretary of Housing and Urban Development; Prince George's County, Department of Housing and Urban Development; Housing Authority of Prince George's County, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided September 19, 1994.

Attorney(s) appearing for the Case

ARGUED: Deborah Ruth Kant, Civ. Div., U.S. Dept. of Justice, Washington, DC, for appellant. David M. Sheehan, Kollman & Sheehan, P.A., Baltimore, MD, for appellee. ON BRIEF: Stuart E. Shiffer, Acting Asst. Atty. Gen., Lynne Ann Battaglia, U.S. Atty., Michael Jay Singer, Civ. Div., U.S. Dept. of Justice, Washington, DC, for appellant. Charles J. Morton, Jr., Kollman & Sheehan, P.A., Baltimore, MD, for appellee.

Before WILKINSON and LUTTIG, Circuit Judges, and ANDERSON, United States District Judge for the District of South Carolina, sitting by designation.

Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge WILKINSON and Judge ANDERSON joined.

OPINION

LUTTIG, Circuit Judge:

Appellee, Foxglenn Investors Limited Partnership (FGI), brought this suit to prevent appellant, the Department of Housing and Urban Development (HUD), from reducing contract rents paid to FGI under the Moderate Rehabilitation Program of the Housing Act of 1937. FGI argues that HUD is barred by 42 U.S.C...

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