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516 F.2d 915

Docket No. 75-1036.

Lewis v. Swanson

Eighth Circuit Court of Appeals

Submitted May 14, 1975.

Decided May 19, 1975.

As Amended June 9, 1975.

Eighth Circuit Court of Appeals · decided 1975-05-19

Cited by 1 later decisions — most recently May 1975

1 federal appellate ·

2 counsel of record

Applies 42 U.S.C. § 1441 (Housing Act of 1949) · 42 U.S.C. § 4601 (Uniform Relocation Act)

Good law ✅— No negative treatment on recordhow we know

Decided 1975-05-19

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¶1Daniel L. Jackson, Black Hills Legal Services, Inc., Rapid City, S. D., for appellants.

¶2Gene N. Lebrun, Rapid City, S. D., for appellees.

¶3Before LAY, WEBSTER and HENLEY, Circuit Judges.

¶4ORDER

¶5In this proposed class action the plaintiffs allege that the United States and the Rapid City, South Dakota, Urban Renewal Agency have denied them relocation assistance benefits and have threatened to displace Rapid City residents in violation of the Uniform Relocation Assistance Act of 1970, 42 U.S.C. § 4601 et seq., and the National Housing Act of 1949, 42 U.S.C. § 1441 et seq. and regulations thereunder. Plaintiffs appeal from the district court’s order granting summary judgment to defendants.

¶6On review of the pleadings and affidavits in the record, we find disputed issues of material fact making summary judgment inappropriate. The district court shall order defendants- to answer plaintiffs’ interrogatories forthwith, and *916thereafter shall promptly determine whether the suit may be certified as a class action under Fed.R.Civ.P. 23(c). Trial shall be set at an early date to allow plaintiffs to proceed with proof of their allegations of denial of benefits under the applicable statutes and regulations set forth in their complaint.

¶7Reversed and remanded.

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