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MARSHALL v. CUOMO

No. 98-1780.

192 F.3d 473 (1999)

George F. MARSHALL; One Management, Incorporated; Frederick Investment Corporation, Plaintiffs-Appellants, v. Andrew CUOMO, in his official capacity as Secretary of Housing and Urban Development; U.S. Department of Housing & Urban Development; United States of America, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 23, 1999.

Attorney(s) appearing for the Case

ARGUED: Kevin Lamar Sink, Howard, Stallings, Story, Wyche, From & Hutson, P.A., Raleigh, North Carolina, for Appellants. Eric David Goulian, Civil Division, United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Ashley H. Story, Howard, Stallings, Story, Wyche, From & Hutson, P.A., Raleigh, North Carolina, for Appellants. Frank W. Hunger, Assistant Attorney General, Janice McKenzie Cole, United States Attorney, Barbara C. Biddle, Civil Division, United States Department of Justice, Washington, D.C., for Appellees.

Before WILKINSON, Chief Judge, and TRAXLER and KING, Circuit Judges.

Affirmed by published opinion. Judge TRAXLER wrote the opinion, in which Chief Judge WILKINSON and Judge KING joined.

OPINION

TRAXLER, Circuit Judge:

Appellants George F. Marshall, One Management, Inc., and Frederick Investment Corporation (collectively "Marshall"), brought a complaint against appellees, the Department of Housing and Urban Development and its Secretary (collectively "HUD"), challenging administrative proceedings which resulted in...

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