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ARIZONA ODDFELLOW-REBEKAH v. U.S. DEPT. OF H.U.D.

No. 96-16263.

125 F.3d 771 (1997)

ARIZONA ODDFELLOW-REBEKAH HOUSING INC., an Arizona corporation, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, an Agency of the United States Government; Henry Cisneros, in his Official Capacity as Secretary of the United States Department of Housing and Urban Development, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 10, 1997.

Attorney(s) appearing for the Case

Gregory E. Hinkel, Phoenix, Arizona, for plaintiff-appellant.

Janet Napolitano, United States Attorney, James C. Hair, Jr., Assistant United States Attorney, Phoenix, Arizona, for defendants-appellees.

Before: FARRIS, TASHIMA, Circuit Judges, and STAGG, Senior District Judge.

TASHIMA, Circuit Judge:

This case presents an important question regarding the interpretation of language routinely used in regulatory agreements between defendant-appellee United States Department of Housing and Urban Development ("HUD") and owners of low income housing projects. HUD insures plaintiff-appellant Arizona Oddfellow-Rebekah Housing's ("Arizona Oddfellow") mortgage on a low-income housing project. As a condition...

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