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CITY OF NEWBURGH v. RICHARDSON

No. 77 Civ. 127.

435 F.Supp. 1049 (1977)

The CITY OF NEWBURGH and James R. Taylor, City Manager, Plaintiffs, v. Secretary of Commerce, Elliott J. RICHARDSON and Assistant Secretary of Commerce, John W. Eden, Defendants.

United States District Court, S. D. New York.

June 20, 1977.

Attorney(s) appearing for the Case

Charles D. Conway, Newburgh, N. Y., for plaintiffs.

Robert B. Fiske, Jr., U.S. Atty., for the Southern District of New York, New York City, for defendants, of counsel, Eileen M. Fitzgerald, Asst. U.S. Atty., New York City, Robert S. Fastov, Asst. Chief Counsel, John E. Kennahan, Attorney Advisor, Office of Chief Counsel, Economic Development Administration, Washington, D.C.

LASKER, District Judge.

The City of Newburgh and various of its officials (hereinafter collectively referred to as "the plaintiff") sue the Secretary of Commerce and subordinate federal officials for declaratory and injunctive relief under 28 U.S.C. § 1331. Newburgh claims that its application for assistance under the Local Public Works Capital Development and Investment Act of 1976 ("LPWA" or "the Act"), 42 U.S.C. § 6701 et seq. was improperly denied...

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