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JOHNSON v. HOUSING AUTHORITY OF JEFFERSON PARISH

No. 04-31201.

442 F.3d 356 (2006)

Catrice JOHNSON, et al., Plaintiffs-Appellants, v. HOUSING AUTHORITY OF JEFFERSON PARISH, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 6, 2006.

Attorney(s) appearing for the Case

Reagan W. Simpson (argued), King & Spalding, Houston, TX, Charles Marshall Delbaum, New Orleans Legal Assistance, New Orleans, LA, for Plaintiffs-Appellants.

Wayne Douglas Mancuso, Harahan, LA, for Housing Authority of Jefferson Parish and Trahan.

Rande Kay Herrell (argued), Austin, TX, for Louisiana Housing Development Corp.

Barbara Bea McDowell, Legal Aid Society for the District of Columbia, Washington, DC, for AARP and Texas Tenants' Union, Amici Curiae.

Fred J. Fuchs, Texas Rural Legal Aid, Austin, TX, for Texas Tenants' Union, Amicus Curiae.

Lisa Walker Scott, Housing & Development Law Institute, Washington, DC, for Housing & Development Law Institute, Amicus Curiae.

Before REAVLEY, DAVIS, and WIENER, Circuit Judges.

WIENER, Circuit Judge:

The sole question for us to decide in this appeal is whether participants in the federal Housing Act voucher program (the "voucher program") may bring a private action under 42 U.S.C. § 19831 to challenge the calculation of their utility allowances by public housing authorities under § 1437f(o)(2) of the United States Housing Act2 and implementing regulations.

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