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CARLYLE GARDENS CO. v. DEL. STATE HOUSING AUTH.

Civ. A. No. 85-11-JLL.

659 F.Supp. 1300 (1987)

CARLYLE GARDENS COMPANY, Plaintiff, v. DELAWARE STATE HOUSING AUTHORITY and the Secretary of Housing and Urban Development, Defendants.

United States District Court, D. Delaware.

April 28, 1987.

Attorney(s) appearing for the Case

Nicholas H. Rodriguez and William W. Pepper of Schmittinger and Rodriguez, Dover, Del., and Joseph Burstein, Washington, D.C., for plaintiff.

Daniel M. Kristol and Wendie E. Cohen of Prickett, Jones, Elliott, Kristol and Schnee, Wilmington, Del., for defendant Delaware State Housing Authority.

William C. Carpenter, Jr., U.S. Atty., and Sue L. Robinson, Asst. U.S. Atty., Wilmington, Del., and Peter M. Campanella, Ann E. Harrison, and Sharon Marsha Matthews-Swain, U.S. Dept. of Housing and Urban Development, Region III, Philadelphia, Pa., for defendant Secretary of Housing and Urban Development.

LATCHUM, Senior District Judge.

I. INTRODUCTION

Plaintiff Carlyle Gardens Company ("plaintiff") originally filed this action in the Court of Chancery for the State of Delaware against defendant Delaware State Housing Authority ("DSHA") alleging that DSHA breached its Housing Assistance Payment Contract with the plaintiff by wrongfully reducing plaintiff's Section 8 housing assistance payments. (Docket Item ["D.I."] 1 at Exhibit ["Ex."] A.) DSHA removed the...

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