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WHITE v. LEE

Nos. 99-15098, 99-15109 and 99-16033.

227 F.3d 1214 (2000)

Alexandra WHITE, Joseph Deringer, and Richard Graham, Plaintiffs-Appellees-Cross-Appellants, v. Russell LEE, in his individual and official capacities aka Bruce Lee; Lynn Tamiyasu-Lee, as special administrator of the estate of Russell Bruce Lee; Lavera Gillespie, Paul Smith, Robert Zurowski, and John Phillips, in their individual and official capacities, Defendants-Appellants-Cross-Appellees, and Elizabeth Julian, in her official capacity, Defendant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 27, 2000.

Attorney(s) appearing for the Case

Robert M. Loeb, United States Department of Justice, Civil Division, Washington, D.C., S. John Ota, Lew & Tamaki LLP, San Francisco, California, for the defendants-appellants/cross-appellees.

Kenneth L. Marcus, Alan K. Palmer (on brief), Cooper, Carvin & Rosenthal, PLLC, Washington, D.C., Michael E. Rosman (on brief), General Counsel, Center for Individual Rights, Washington, D.C., David DeGroot (on brief), San Francisco, California, for the plaintiffs-appellees/cross-appellants.

Margaret B. Demers, Sidley & Austin, Washington, DC, for amicus curiae National Fair Housing Alliance.

Before: CANBY, REINHARDT, FERNANDEZ, Circuit Judges.

REINHARDT, Circuit Judge:

This case involves the Fair Housing Act, 42 U.S.C. § 3601-3631, and the First Amendment. On November 1, 1993 a housing rights advocacy group filed an administrative complaint with an office of the U.S. Department of Housing and Urban Development (HUD) in San Francisco. The complaint alleged that three neighbors in Berkeley opposed the conversion of a motel into a multi-family housing unit because...

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