TRAFALGAR CAPITAL ASSOCIATES, INC. v. CUOMO

Nos. 97-2152, 97-2153.

159 F.3d 21 (1998)

TRAFALGAR CAPITAL ASSOCIATES, INC., Etc., Plaintiff, Appellee, v. Andrew CUOMO, Etc., Defendant, Appellant, Executive Office of Communities and Development, et al., Defendants, Appellees. TRAFALGAR CAPITAL ASSOCIATES, INC., Etc., Plaintiff, Appellant, v. Andrew CUOMO, Etc., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 29, 1998.

Rehearing and Suggestion for Rehearing Denied December 30, 1998.


Attorney(s) appearing for the Case

Maria Simon, Attorney, Appellate Staff, with whom Frank W. Hunger, Assistant Attorney General, Donald K. Stern, United States Attorney, and John F. Daly, Attorney, Appellate Staff, were on brief for Andrew Cuomo, Etc.

Carl A.S. Coan, Jr., with whom Carl A.S. Coan III, was on brief for Trafalgar Capital Associates, Inc.

Before SELYA, Circuit Judge, ALDRICH and COFFIN, Senior Circuit Judges.


Rehearing and Suggestion for Rehearing En Banc Denied December 30, 1998.

COFFIN, Senior Circuit Judge.

The United States Department of Housing and Urban Development ("HUD") agreed to subsidize a portion of tenants' rents in a housing rehabilitation project owned by the Heywood-Wakefield Associates Limited Partnership ("Heywood-Wakefield"). Appellee/cross-appellant Trafalgar Capital Associates, Inc. ("Trafalgar"), the general partner of Heywood-Wakefield,

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