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FINCHER v. SOUTH BEND HERITAGE FOUNDATION

No. 09-1964.

606 F.3d 331 (2010)

Marshall FINCHER, Plaintiff-Appellant, v. SOUTH BEND HERITAGE FOUNDATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 10, 2010.

Attorney(s) appearing for the Case

Kent L. Hull (argued), Indiana Legal Services Incorporated, South Bend, IN, for Plaintiff-Appellant.

Andrew B. Miller (argued), Starr, Austen, Tribbett & Myers, Logansport, IN, for Defendant-Appellee.

Before FLAUM and WOOD, Circuit Judges, and ST. EVE, District Judge.

FLAUM, Circuit Judge.

South Bend Heritage Foundation ("SBHF") denied plaintiff-appellant Marshall Fincher's application for Section 8 housing in its building because Fincher had a prior eviction within three years. Fincher brought a suit against SBHF on the theory that he was denied due process of law, or, in the alternative, that SBHF breached a contract with the United States Department of Housing and Urban Development ("HUD") to which Fincher was a third-party...

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