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ONE AND KEN VALLEY HOUSING v. MAINE STATE HOUSING

No. 12-1952.

716 F.3d 218 (2013)

ONE AND KEN VALLEY HOUSING GROUP, et al., Plaintiffs, Appellants, v. MAINE STATE HOUSING AUTHORITY, Defendant/Third-Party Plaintiff, Appellee, v. Shaun Donovan, Secretary, U.S. Department of Housing & Urban Development, Third-Party Defendant, Appellee.

United States Court of Appeals, First Circuit.

May 14, 2013.

Attorney(s) appearing for the Case

Harry J. Kelly, III , with whom W. Daniel Deane and Nixon Peabody LLP were on brief, for appellants.

Robert A. Jaffe , with whom Barry P. Steinberg , Kutak Rock LLP, and John Bobrowiecki , Maine State Housing Authority, were on brief, for appellee Maine State Housing Authority.

Kyle A. Forsyth , Attorney, with whom Stuart F. Delery , Acting Principal Deputy Assistant Attorney General, J. Christopher Kohn , Director and Ruth A. Harvey , Assistant Director, Commercial Litigation Branch, Civil Division, were on brief for appellee U.S. Department of Housing and Urban Development.

Carl A.S. Coan, III , Raymond K. James and Coan & Lyons on brief for National Association of Home Builders, National Leased Housing Association, National Apartment Association, National Multi Housing Council, National Affordable Housing Management Association, Institute of Real Estate Management, Council for Affordable and Rural Housing, and Leading Age, amici curiae in support of appellants.

Before LYNCH, Chief Judge, HOWARD, Circuit Judge, and CASPER, District Judge.

HOWARD, Circuit Judge.

The Section 8 program is a vast effort on the part of federal, state, and local authorities to provide decent, safe, and sanitary housing to low-income families, the elderly, and the disabled. The program is administered by the U.S. Department of Housing and Urban Development ("HUD") in conjunction with state and local public housing agencies across the country. Under the part of the program at issue here,1 state...

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