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JACKSON SQ. ASSOCIATES v. U.S. DEPT. OF HOUSING

No. 88-CV-859C.

927 F.Supp. 75 (1996)

JACKSON SQUARE ASSOCIATES, a New York Limited Partnership, Plaintiff, v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Buffalo Office-Region II, Defendant.

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

As Amended May 15, 1996.

Attorney(s) appearing for the Case

John J. Phelan, Buffalo, New York, for Plaintiff.

Dennis C. Vacco, United States Attorney, Buffalo, New York (Gail Y. Mitchell, Assistant United States Attorney, of counsel), for Defendant.

CURTIN, District Judge.

On November 8, 1994, the court issued a decision and order granting defendant's motion to dismiss plaintiff's first cause of action alleging a breach of contract. However, the defendant's motion for summary judgment on plaintiff's second cause of action was denied, leaving for determination the question as to whether the United States Department of Housing and Urban Development ("HUD") acted arbitrarily, with an abuse of discretion, and not...

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