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U.S. v. FLAKE

No. CV 90 4047.

783 F.Supp. 762 (1992)

UNITED STATES of America, Plaintiff, v. Floyd FLAKE, Wilburn Holland, Allen A.M.E. Housing Development Fund Corporation, Allen A.M.E. Church, and Allen Christian School Inc., Defendants.

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

January 29, 1992.

Attorney(s) appearing for the Case

Andrew J. Maloney, U.S. Atty., Brooklyn, N.Y. (Charles S. Kleinberg, Asst. U.S. Atty., of counsel), for plaintiff.

Fisher & Fisher, New York City (Vivian Shevitz, of counsel), for defendants.

MEMORANDUM AND ORDER

NICKERSON, District Judge.

The United States brought this action to recover funds transferred from a federally-funded Department of Housing and Urban Development ("HUD") housing project to a church school. This court has jurisdiction under 28 U.S.C. §§ 1331, 1345.

Defendants move to dismiss the complaint on the grounds that it fails to state a claim and is time barred. In...

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