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Case 1:09-cv-04888-NG -LB Document 64 Filed 12/17/10 Page 1 of 1 MANDATEUNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT At a Stated Term of the United States Court of Appeals for the Second Circuit, held at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New York, on the 131h day of August, two thousand and ten. PRESENT: ROGER J. MINER, JOSE A. CABRANES, RICHARD C. WESLEY, Circuit Judges. ACORN, ACORN Institute, Inc., and MHANY Management, Inc., f!kla New York Acorn Housing Company, Inc., Plainti ffs-Appellees, - v. - JUDGMENT Docket No. 09-5 I 72-cv (L) I 0-0992-cv (CON) United States of America, Shaun Donovan, Secretary of the Department of Housing and Urban Development, Peter Orszag, Director Office of Management and Budget, Timothy R. Geithner Jr., Secretary of the Department of Treasury of the United States, Lisa P. Jackson, Administrator of the Environmental Protection Agency; Gary Locke, Secretary of Commerce; and Robert Gates, Secretary of Defense. Defendants-Appellants. The appeals in the above-captioned case from the United States District Court for the Eastern District of New York was argued on the district court record and the parties' briefs. Upon consideration thereof, IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of the District Court is AFFIRMED in part and V ACA TED in part, and the case is REMANDED for further proceedings as to the plaintiffs' First Amendment and due process claims. FOR THE COURT, A True Copy Catherine O'Hagan Wolfe, Clerk Catherine O'Hagan United States Joy Fallek, Administrative Attorney MANDATE ISSUED ON 12/17/2010.

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