Earnestine KING, on her own behalf and on behalf of all others similarly situated, Plaintiff-Respondent, and
Dorothy Green, Intervenor,
v.
The NEW ROCHELLE MUNICIPAL HOUSING AUTHORITY and Ellsworth Wright, in his capacity as Chairman of the New Rochelle Municipal Housing Authority, Defendants-Appellants.
Gertrude FRAZIER, on her own behalf and on behalf of all others similarly situated, Plaintiff-Respondent,
v.
The NEW ROCHELLE MUNICIPAL HOUSING AUTHORITY and Ellsworth Wright, in his capacity as Chairman of the New Rochelle Municipal Housing Authority, Defendants-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued January 26, 1971.
Decided May 12, 1971.
Attorney(s) appearing for the Case
Martin A. Schwartz, Victor J. Rubino, The Legal Aid Society of Westchester County, White Plains, N. Y., for respondents; Kenneth F. Phillips, Stephen P. Berzon, National Housing and Economic Development Law Project, Earl Warren Legal Institute, University of California Law School, Berkeley, Cal., on the brief.
Richard L. Baltimore, Jr., New York City, for New Rochelle Municipal Housing Authority and Ellsworth Wright.
Louis J. Lefkowitz, Atty. Gen. of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., Maria L. Marcus, Asst. Atty. Gen., for amicus curiae State Commissioner, N. Y. State Division of Housing and Community Renewal.
Before WATERMAN, MOORE and FEINBERG, Circuit Judges.
United States Court of Appeals, Second Circuit.
WATERMAN, Circuit Judge:
These cases, brought under 42 U.S.C. § 1983 and 28 U.S.C. § 1343(3) and (4), present the issue of whether the fiveyear durational residency requirement imposed by the New Rochelle Municipal Housing Authority (the Authority) for admission to public housing violates the Equal Protection Clause of the Fourteenth Amendment.
The relevant facts are not complicated.1<...
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