Legal Opinion

National Wildlife Federation v. John O. Marsh, Secretary of the Army

Court of Appeals for the Eleventh Circuit

Decided November 27, 1984No. 83-8193PublishedCited by 13 opinions

1Opinion of the Court

KRAVITCH, Circuit Judge:

In a petition for panel rehearing, some of the appellants, namely individuals of low or moderate income, challenge our conclusion in National Wildlife Federation v. Marsh, 721 F.2d 767 (11th Cir.1983), that section 5304(b)(3) of the Housing and Community Development Act (the “HCDA” or “Act”), 42 U.S.C. § 5301 et seq. (1983), does not contain an implicit requirement that a funded project principally benefit low and moderate income persons.

The facts and procedural history of this case are set forth in the panel opinion, but a brief summary may be helpful. In 1968 the…

2Cases cited7 opinions

  1. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  2. Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
  3. United States v. PriceSupreme Court of the United States · 1960
  4. Carrie J. Cox, for Michael K. Cox, S.S. Nvk-Tp-Ducg v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Fifth Circuit · 1982
  5. National Wildlife Federation v. John O. Marsh, Secretary of the ArmyCourt of Appeals for the Eleventh Circuit · 1983

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3Cited by13 opinions

  1. Lussier v. DuggerCourt of Appeals for the Eleventh Circuit · 1990
  2. In Re Joanne G. Burns, Debtor. Joanne G. Burns v. United States of America, Acting by and Through the Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1989
  3. Federal Deposit Insurance Corporation, as Receiver of Cypress Savings Association v. 232, Inc., a Florida Corporation John M. McCabe Thomas W. Underwood Jointly and Severally With Thomas S. Patton, Harbor Federal Savings & Loan Association, Willis, Gwin & Associates, Inc., N/k/a Shoults, Gwin & Associates, Inc., a Florida Corporation, Defendant-IntervenorCourt of Appeals for the Eleventh Circuit · 1991
  4. Association of Accredited Cosmetology Schools v. Lamar Alexander, Secretary, United States Department of EducationCourt of Appeals for the D.C. Circuit · 1992
  5. Matter of RandolphSupreme Court of New Jersey · 1986

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