KNIGHT v. AUCIELLO

No. 71-1108.

453 F.2d 852 (1972)

Owen S. KNIGHT et al., Plaintiffs, Appellants, v. Rocco AUCIELLO et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 17, 1972.


Attorney(s) appearing for the Case

Michael Davidson, New York City, with whom Jack Greenberg, Sylvia Drew, New York City, and Gerald L. Nissenbaum, Somerville, Mass., were on brief, for appellants.

Appellees submitted on the original record.

Before ALDRICH, Chief Judge, McENTEE, Circuit Judge, and WYZANSKI, Senior District Judge.


PER CURIAM.

The single question in this case is whether the district court erred in not awarding plaintiffs counsel fees, in addition to damages, for unlawful racial discrimination by using a knowingly false pretext in refusing to lease an apartment. 42 U.S.C. § 1982. By the time the case had reached trial and plaintiffs had proved their case they already had found another, satisfactory apartment, and hence disclaimed injunctive relief. The court awarded $500...

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