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DILLON v. AFBIC DEVELOPMENT CORP.

No. 76-3797.

597 F.2d 556 (1979)

Warren DILLON and Jean Dillon, Individually and on behalf of others similarly situated, Plaintiffs-Appellants, v. AFBIC DEVELOPMENT CORPORATION, Riley Smith, Inc., and Riley B. Smith, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 9, 1979.

Attorney(s) appearing for the Case

J. U. Blacksher, Gregory B. Stein, Mobile, Ala., Jack Greenberg, Linda S. Greene, Beth J. Lief, New York City, for plaintiffs-appellants.

Chase R. Laurendine, Alphonse Maples, Jr., Mobile, Ala., for defendants-appellees.

Before WISDOM, COLEMAN and RONEY, Circuit Judges.

WISDOM, Circuit Judge:

This case involves the liability of participants in a subdivision development for a racially motivated refusal to sell a dwelling in violation of the Fair Housing Act of 1968, 42 U.S.C. §§ 3601 et seq., and a provision of the Civil Rights Act of 1866, 42 U.S.C. § 1982. We hold that the district court misconstrued the applicable law when it exonerated three of the four participants. We find that two of these three defendants...

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