Taft Hotel Corporation v. Housing and Home Finance Agency
| Decision Date | 07 May 1958 |
| Docket Number | Civ. No. 7130. |
| Citation | 162 F. Supp. 538 |
| Parties | TAFT HOTEL CORPORATION, Plaintiff, v. HOUSING AND HOME FINANCE AGENCY et al., Defendants. |
| Court | U.S. District Court — District of Connecticut |
Leo. E. Sherman, Norwalk, Conn., for plaintiff.
Donald F. Keefe, New Haven, Conn., for defendants, New Haven Redevelopment Agency and City of New Haven.
Simon S. Cohen, U. S. Atty., Dist. of Conn., Hartford, Conn., W. Paul Flynn, Arthur Thomas, Asst. U. S. Attys., Dist. of Conn., New Haven, Conn., for defendant, Adm'r of Housing and Home Finance Agency.
This is an action to restrain the Housing and Home Finance Agency and its administrator from furnishing financial assistance to the New Haven Redevelopment Agency for the proposed Church Street Redevelopment Project insofar as that project includes the erection of a three hundred room, air-conditioned hotel. Joined as defendants with the administrator and the federal agency are the individual members of the New Haven Redevelopment Agency and the City of New Haven.
At issue, on the three motions before the Court at this time, are the sufficiency of service on Albert W. Cole, Administrator of the Housing and Home Finance Agency, the question of venue, and the plaintiff's standing to bring this action.
The process instituting this action was served upon Albert W. Cole, Administrator of the Housing and Home Finance Agency, in Washington in the District of Columbia and not in the District of Connecticut. Unless there is express authorization by a federal statute for service of process upon governmental officers or agencies outside of the district, copies of the summons and complaint must be served within the territorial limits of the state in which the district court is held. Rule 4(f), Federal Rules of Civil Procedure, 28 U.S.C.A. There is no such special statutory authorization provided for actions brought against the administrator of the Housing and Home Finance Agency and the general provision of the statutes concerning the agency which authorize the administrator to sue or be sued is not sufficient for this purpose. Moore's Federal Practice, 2nd Edition, Vol. 2, page 998, Section 4.29. While an action properly brought may be maintained against the administrator, the statutes do not authorize Housing and Home Finance Agency, as distinct from the administrator, to sue or be sued.
Since neither the federal agency nor its administrator are before this Court as defendants, the question of venue...
To continue reading
Request your trial
-
Town of East Haven v. Eastern Airlines, Inc.
...724 (5 Cir. 1962); United Publishing and Printing Corp. v. Horan, 268 F.Supp. 948 (D.Conn.1967); Taft Hotel Corporation v. Housing and Home Finance Agency, 162 F.Supp. 538, 539 (D.Conn.1958), aff'd, 262 F.2d 307 (2 Cir. 1958), cert. denied, 359 U.S. 967 (1957); Regina Cargo Airlines, Inc. v......
-
Gart v. Cole
...Blackmar v. Guerre, 342 U.S. 512, 72 S.Ct. 410, 96 L.Ed. 534.2 Venue is proper within 28 U.S.C. § 1391(c). Taft Hotel Corporation v. Housing and Home Finance Agency, 162 F.Supp. 538, decided May 7, 1958 by District Judge Anderson, in the District Court for the District of Connecticut, is no......
-
Harrison-Halsted Com. Group v. Housing & Home Finance A.
...involving unsuccessful attempts to review administrative action under the Housing Act of 1949. Taft Hotel Corporation v. Housing & Home Finance Agency et al., D.C.Conn., 162 F.Supp. 538, aff'd 2 Cir., 262 F.2d 307; Gart et al. v. Cole et al., S.D.N.Y., 166 F.Supp. 129, aff'd 2 Cir., 263 F.2......
-
United Publishing & Printing Corp. v. Horan
...that these federal defendants were not properly served and the action as to them must be dismissed. Taft Hotel Corporation v. Housing & Home Finance, 162 F.Supp. 538, 539 (D.Conn.1958), aff'd, 262 F. 2d 307 (2 Cir. 1958), cert. denied, 359 U.S. 967, 79 S.Ct. 880, 3 L.Ed.2d 835 (1959); Alfon......