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ESCALERA v. NEW YORK CITY HOUSING AUTHORITY

Nos. 441-444, Dockets 33226-33229.

425 F.2d 853 (1970)

Pedro ESCALERA and Rose Escalera, on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellants, v. NEW YORK CITY HOUSING AUTHORITY, Ira S. Robbins, individually and as a Member of the New York City Housing Authority, Simeon Golar, individually and as a Member of the New York City Housing Authority, and Albert A. Walsh, individually and as a Member and Chairman of the New York City Housing Authority, Defendants-Appellees. Rose Lee ROLLE, on behalf of herself and all other persons similarly situated, Plaintiff-Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Ira S. Robbins, individually and as a Member of the New York City Housing Authority, Simeon Golar, individually and as a Member of the New York City Housing Authority, and Albert A. Walsh, individually and as a Member and Chairman of the New York City Housing Authority, Defendants-Appellees. Walter LOCKMAN and Viola Lockman, on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellants, v. NEW YORK CITY HOUSING AUTHORITY and William Walsh, Ira S. Robbins and Simeon Golar, individually and in their capacities as a member of the New York City Housing Authority, Defendants-Appellees. Clarence HUMPHREY, Phyllis Humphrey, and Fannie Haywood, on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellants, v. NEW YORK CITY HOUSING AUTHORITY, Ira S. Robbins, individually and in his capacity as a member of the New York City Housing Authority, and Francis V. Madigan, individually and in his capacity as a member of the New York City Housing Authority, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 29, 1970.

Attorney(s) appearing for the Case

Nancy E. LeBlanc, New York City (MFY Legal Services, Inc., New York City, Harold J. Rothwax and Michael B. Rosen, New York City, of counsel), for plaintiffs-appellants Escalera and Rolle.

Henry A. Freedman, New York City, Center on Social Welfare Policy & Law, New York City, Lee A. Albert and Harold Edgar, New York City, Richard Kwasnik and Harold Washington, Bronx, N. Y. (Morrisania Legal Services, Bronx, N. Y., of counsel), for plaintiffs-appellants Lockman and Humphrey.

Harold Weintraub, New York City, (Harold Levy and Jeanne Dorfman, New York City, of counsel), for defendants-appellees.

Before MEDINA, WATERMAN and SMITH, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge.

Appellants are tenants in New York City public housing projects. They brought four suits in the United States District Court for the Southern District of New York against the New York City Housing Authority [hereinafter cited as "HA"] and certain individuals as officers of the HA, in the form of class actions on behalf of themselves and all tenants similarly situated. The complaints invoked jurisdiction under the Civil Rights Act, 28...

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