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RAGIN v. NEW YORK TIMES CO.

No. 226, Docket 90-7389.

923 F.2d 995 (1991)

Luther M. RAGIN, Jr., Deborah Fish Ragin, Renaye B. Cuyler, Jerome F. Cuyler and Open Housing Center, Inc., Plaintiffs-Appellees, v. The NEW YORK TIMES COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 23, 1991.

Attorney(s) appearing for the Case

Deborah R. Linfield, New York City (Solomon B. Watson IV, Cynthia H. Augustine, George Freeman, Kenneth A. Richieri, The New York Times Co., Legal Dept., New York City, of counsel), for defendant-appellant.

Elsie A. Crum, New York City (Kathleen M. Comfrey, Karen M. Crupi, Shearman & Sterling, New York City, of counsel), for plaintiffs-appellees.

William H. Jeffress, Jr., New York City (David G. Webbert, Niki Kuckes, Bradford M. Berry, Miller, Cassidy, Larroca & Lewin, Washington, D.C., of counsel), for amicus curiae National Fair Housing Alliance.

Floyd Abrams, New York City (Amy Glickman, Cahill Gordon & Reindel, Richard J. Tofel, New York City, Lawrence J. Aldrich, Arlington, Va., Alberto Ibarguen, Melville, N.Y., Joseph P. Thornton, David Hiller, Laura Handman, Lankenau & Bickford, New York City, John D. Kutzer, Albany, N.Y., Rene P. Milam, Washington, D.C., of counsel), for amici curiae Dow Jones & Co., Inc., Gannett Co., Inc., Newsday, Inc., New York Daily News, VV Pub. Corp., New York Newspaper Publishers Ass'n, Inc., American Newspaper Publishers Ass'n.

Before OAKES, Chief Judge, LUMBARD and WINTER, Circuit Judges.

WINTER, Circuit Judge:

The New York Times Company ("the Times") appeals under 28 U.S.C. § 1292(b) from the denial of its motion under Fed.R.Civ.P. 12(b)(6) to dismiss the complaint in the instant matter. Briefly stated, the complaint alleges that, during the past twenty years, the Times has published real estate advertisements "featuring thousands of human models of whom virtually none were black," and that the few blacks depicted rarely represented potential...

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