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BELLEVUE MANOR ASSOCIATES v. UNITED STATES

No. 98-35148.

165 F.3d 1249 (1999)

BELLEVUE MANOR ASSOCIATES, Plaintiff-Appellant, and Boundary Village Apartments; Brandt Norwest Company; Burien House Associates; Mary Carpinito; Cashmere Manor Associates; Cedar Heights Partnership; Cedarwood Apartment Investors; Centralia Manor Associates; Charter House Associates; Chehalis Manor Associates; Eastwood Square Associates; Emerson Manor Associates; Entiat Gardens Limited Partnership; Ferndale Villa Limited Partnership; Harbor Manor Associates; Gordon Hendrickson; Joanne Hendrickson; Heritage Associates; Woodlake Manor III; Homestead Associates; Kennewick Garden Court Associates; Lakeview Manor; Woodland Green Associates; Magnolia Apartment Investors; Kurtis R. Mayer; Pamela Mayer; McKinley Terrace Associates; Meadow Park Garden Court Associates; Monroe Apartment Associates; Montesano Harbor Annex Co.; Northwood Square Associates; Olympian Associates; Patricia Harris Manor Associates; Pine Garden Properties; Skagit Village Associates; Southhill Associates; Southwood Square Associates; Tacoma Partnership; Marianne Uchimura; Minoru Uchimura; Vashon Terrace Associates; Wenatchee House Associates; Wilbur Manor Associates, Plaintiffs-Intervenors-Appellants, v. UNITED STATES of America, acting Through the Department of Housing and Urban Development, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 20, 1999.

Attorney(s) appearing for the Case

Warren J. Daheim and Donald W. Hanford, Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim, P.L.L.C., Tacoma, Washington, for plaintiffs-appellants.

Wendy M. Keats, United States Department of Justice, Civil Division, Washington, D.C., for defendant-appellee.

Before: LEAVY and HAWKINS, Circuit Judges, and SHADUR, District Judge.

SHADUR, Senior District Judge:

This appeal stems from a dispute between private landlords who participate in the federal rent subsidy program familiarly known as "Section 8 housing" and the United States Department of Housing and Urban Development ("HUD") concerning what method HUD may use to calculate annual rent adjustments. Its procedural posture calls for us to address a question of first impression in this Circuit: the effect of the Supreme Court's decision in...

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