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SHERIDAN SQUARE PARTNERSHIP v. U.S.

No. 94-1170.

66 F.3d 1105 (1995)

SHERIDAN SQUARE PARTNERSHIP, a Montana Limited Partnership, Plaintiff-Appellant, v. UNITED STATES of America, acting through the United States Department of Housing and Urban Development; Isaiah Kelly, in his capacity as Regional Administrator of the Denver Regional Office, Region 8, of the United States Department of Housing and Urban Development; and Jack Kemp, in his official capacity as Secretary of Housing and Urban Development, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 11, 1995.

Attorney(s) appearing for the Case

Howard M. Buchalter (Bonnie A. Bell with him on the briefs), of Katch, Sender & Wasserman, P.C., Denver, CO, for plaintiff-appellant.

Elise S. Shore, Attorney, Civil Division, Department of Justice, Washington, DC (Frank W. Hunger, Assistant Attorney General, and Douglas N. Letter, Attorney, Civil Division, Department of Justice, Washington, DC, Henry L. Solano, United States Attorney for the District of Colorado, Denver, CO, John W. Herold, Associate General Counsel, Howard M. Schmeltzer, Assistant General Counsel, and Michael T. Robinson, Senior Trial Attorney, U.S. Department of Housing and Urban Development, Washington, DC, with her on the brief), for defendants-appellees.

Before BALDOCK, McKAY, and EBEL, Circuit Judges.

McKAY, Circuit Judge.

This appeal represents the latest round in the long-running battle between the government of the United States and the owners of Sheridan Square, a low-income housing development in Sheridan, Wyoming. A complete account of the facts of the case may be found in the published opinions of the district court, see Sheridan Square Partnership v. United States, 844 F.Supp. 645 (D.Colo.1994); Sheridan Square...

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