Legal Opinion

Wilmington Housing Authority v. Rocky Marciano Construction Co.

District Court, D. Delaware

Decided February 27, 1975No. Civ. A. No. 74-41Published

1Opinion of the Court

OPINION

EDWIN D. STEEL, Jr., Senior Judge:

The ease is before the Court upon a motion to dismiss the complaint filed by the United States Department of Housing and Urban Development (HUD), one of the defendants. The complaint alleges the following facts:

Plaintiff, Wilmington Housing Authority (WHA), is a public body corporate and politic organized and existing under the laws of Delaware, and is the recipient of Federal funds for expenditure under the United States Housing Act of 1937, 42 U.S.C. § 1416. Defendants are Rocky Marciano Construction Company (Rocky Marciano) which, as prime…

2Cases cited6 opinions

  1. United States v. Western Pacific RailroadSupreme Court of the United States · 1956
  2. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  3. Far East Conference v. United StatesSupreme Court of the United States · 1952
  4. General American Tank Car Corp. v. El Dorado Terminal Co.Supreme Court of the United States · 1940
  5. International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers & Helpers v. HardemanSupreme Court of the United States · 1971

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