Court of Appeals for the Ninth Circuit July 22, 2004, Nos. 02-36165, 03-35422 (Kimberly Associates v. United States)

MEMORANDUM *

This is the second time this court has considered issues concerning the extent of Appellee Kimberly Associates’ contractual duty under the Emergency Low Income Housing Preservation Act of 1987, Pub.L. No. 100-242, 42 U.S.C. § 1472(c) (“ELIHPA”) to provide low-income rural housing. In the earlier appeal, Kimberly Assoc. v. United States, 261 F.3d 864, 870—871 (9th Cir.