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CLAY TOWER APARTMENTS v. KEMP

Civ. No. 90-989-FR.

757 F.Supp. 1145 (1991)

CLAY TOWER APARTMENTS, an Oregon general partnership comprised of Harold J. Schnitzer, Arlene Schnitzer, and Harsch Investment Corp., Plaintiff, v. Jack KEMP, in his official capacity as Secretary of the United States Department of Housing and Urban Development; and The United States Department of Housing and Urban Development, Defendants.

United States District Court, D. Oregon.

March 4, 1991.

Attorney(s) appearing for the Case

Kenneth M. Novack, Richard H. Allan, Ball, Janik & Novack, Portland, Or., for plaintiff.

Charles H. Turner, U.S. Atty., Riley J. Atkins, Asst. U.S. Atty., Portland, Or., for defendants.

OPINION

FRYE, District Judge:

The matters before the court are the cross-motions for summary judgment of the parties (# 8 and # 18).

FACTS

Plaintiff, Clay Tower Apartments, an Oregon general partnership comprised of Harold J. Schnitzer, Arlene Schnitzer, and Harsch Investment Corp., owns the Clay Tower Apartments (Clay Towers), a multi-family housing project at 1430 S.W. 12th Avenue, Portland, Oregon. Construction of Clay Towers was financed...

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