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AUBURN HOUSING AUTHORITY v. MARTINEZ

Docket No. 01-6086.

277 F.3d 138 (2002)

AUBURN HOUSING AUTHORITY, New York City Housing Authority, and Plattsburgh Housing Authority, Plaintiffs-Appellees, v. Mel MARTINEZ, as Secretary of the United States Department of Housing and Urban Development, and United States Department of Housing and Urban Development, Defendants-Appellants.

United States Court of Appeals, Second Circuit. August Term, 2001.

Decided: January 7, 2002.

Attorney(s) appearing for the Case

Elizabeth Wolstein, Assistant United States Attorney, Southern District of New York; (Mary Jo White, United States Attorney, Southern District of New York, Sara L. Shudofsky and Gideon A. Schor, Assistant United States Attorneys, Southern District of New York, of counsel, on the brief) for Defendants-Appellants.

Henry Schoenfeld, New York City Housing Authority, New York, NY; (Ricardo Elias Morales, General Counsel, and Nancy M. Harnett, of counsel, New York City Housing Authority, New York, New York, on the brief) for Plaintiff-Appellee New York City Housing Authority.

Ross Tisci, Boyle & Anderson, P.C., Auburn, New York, for Plaintiff-Appellee Auburn Housing Authority.

Lori Cantwell, Law Office of Rich & Lori Cantwell, Plattsburgh, NY, for Plaintiff-Appellee Plattsburgh Housing Authority.

Before: POOLER and KATZMANN, Circuit Judges, and HURD, District Judge.

KATZMANN, Circuit Judge:

Introduction

The Defendants, Mel Martinez, Secretary of the United States Department of Housing and Urban Development, and the United States Department of Housing and Urban Development (collectively "HUD"), appeal from a decision of the District Court for the Southern District of New York (William H. Pauley III, J.) denying their motion for summary judgment and granting the plaintiffs' motion for summary judgment. The plaintiffs...

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