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MERGE v. TROUSSI

No. 16673.

394 F.2d 79 (1968)

George MERGE and Walter C. Hooper, Adm. of the Est. of Weldon R. Hooper, Dec'd., t/d/b/a Asphalt Products Company, Appellants, v. Richard A. TROUSSI, Area Coordinator, Urban Renewal Adm. of the Dept. of Housing and Urban Development, Robert C. Weaver, Secy. Department of Housing and Urban Development and Urban Redevelopment Authority of Pittsburgh.

United States Court of Appeals Third Circuit.

Decided May 2, 1968.

Attorney(s) appearing for the Case

James E. McLaughlin, McArdle & McLaughlin, Pittsburgh, Pa., for appellants.

Howard J. Kashner, Civil Division, Appellate Section, Department of Justice, Washington, D. C., for appellee Richard A. Troussi.

Dina G. McIntyre, Glenshaw, Pa., for appellee Urban Redevelopment Authority of Pittsburgh.

Before HASTIE, Chief Judge, and FREEDMAN and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This appeal is from an order of the District Court dismissing the action below for lack of jurisdiction. On March 14, 1966, appellants Merge and Hooper sued the several appellees, seeking to recover certain "relocation" moving expenses allegedly due them under federal law. Upon motion of appellee Urban Redevelopment Authority of Pittsburgh, the action was dismissed under F.R.Civ. P. 12 on the grounds that Congress...

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