Legal Opinion

Davis Associates, Inc. v. Secretary, Department of Housing and Urban Development, and Dover Housing Authority

Court of Appeals for the First Circuit

Decided June 28, 1974No. 74-1149PublishedCited by 53 opinions

1Opinion of the Court

McENTEE, Circuit Judge.

Davis Associates brought this action in the district court for equitable relief contending, in essence, that the defendants abused their statutory discretion in rejecting its bid for the main contract on a federally-assisted housing project. The district court dismissed the action on the ground that defendants’ rejection of the bid was not “reviewable.” We affirm the dismissal, but base our decision on a somewhat different line of reasoning.

The facts are not in dispute. In early 1973 the Dover (N.H.) Housing Authority (hereinafter “the Authority”) reached a preliminary…

2Cases cited10 opinions

  1. National Railroad Passenger Corporation v. National Assn. of Railroad PassengersSupreme Court of the United States · 1974
  2. Scanwell Laboratories, Inc. v. John H. Shaffer, Administrator (Acting) of the Federal Aviation AdministrationCourt of Appeals for the D.C. Circuit · 1970
  3. Work v. United States Ex Rel. RivesSupreme Court of the United States · 1925
  4. Karl W. Hahn v. Joseph GottliebCourt of Appeals for the First Circuit · 1970
  5. Hopkins v. WalkerSupreme Court of the United States · 1917

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3Cited by53 opinions

  1. Richard L. Barron Linda M. Barron v. Robert Reich Department of Labor Robert KelleyCourt of Appeals for the Ninth Circuit · 1994
  2. Commonwealth of Pennsylvania, by William Sheppard, Insurance Commissioner v. National Association of Flood Insurers, an Unincorporated AssociationCourt of Appeals for the Third Circuit · 1975
  3. City of Milwaukee v. SaxbeCourt of Appeals for the Seventh Circuit · 1976
  4. United States Ex Rel. Wolfish v. LeviDistrict Court, S.D. New York · 1977
  5. Carlos Soler v. Roger F. Scott, Warden, Fci-Safford, Az United States Bureau of Prisons U.S. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1991

48 more not listed; retrieve them via the Exa API.

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