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WILMINGTON HOUS. AUTH. v. ROCKY MARCIANO CONST. CO.

Civ. A. No. 74-41.

391 F.Supp. 931 (1975)

WILMINGTON HOUSING AUTHORITY, a public body corporate and politic organized and existing under the laws of the State of Delaware, Plaintiff, v. ROCKY MARCIANO CONSTRUCTION COMPANY, a New Jersey Corporation, et al., Defendants.

United States District Court, D. Delaware.

As Corrected March 21, 1975.

Attorney(s) appearing for the Case

Jerome O. Herlihy, Herlihy & Herlihy, Wilmington, Del., for plaintiff.

David Roeberg, Roeberg & Agostini, Wilmington, Del., for defendants Rocky Marciano Const. Co. and P. H. Coustenis, Inc.

John M. McDonald, Asst. U. S. Atty., Wilmington, Del., for defendant United States Dept. of HUD.

Jacob C. Kellem, Connolly, Bove & Lodge, Wilmington, Del., for defendant Gary Falk.

Paul H. Spiller, Kimmel, Spiller & Bradley, Wilmington, Del., for certain of the other defendants.

OPINION

EDWIN D. STEEL, Jr., Senior Judge:

The case is before the Court upon a motion to dismiss the complaint filed by the United States Department of Housing and Urban Development (HUD), one of the defendants. The complaint alleges the following facts:

Plaintiff, Wilmington Housing Authority (WHA), is a public body corporate and politic organized and existing under the laws of Delaware, and is the recipient of Federal funds for expenditure under...

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