MITCHELL v. SHANE

Docket No. 02-9425.

350 F.3d 39 (2003)

Clarence MITCHELL, Aischa Mitchell, Plaintiffs-Counter-Defendants-Appellants, v. Sheila SHANE, Harvey Shane, Defendants-Counter-Claimants-Appellees, Century 21 Rustic Realty, Century 21 Rustic Realty, Matthew Ryan, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 17, 2003.


Attorney(s) appearing for the Case

STEPHEN T. MITCHELL, Stephen T. Mitchell, P.C., New York, NY, for Plaintiffs-Appellants.

NEIL J. MORITT, Moritt, Hock, Hamroff & Horowitz, LLP, Garden City, N.Y. (Ellen R. Storch, on the brief), for Defendants-Counter-Claimants-Appellees.

DOUGLAS FALCH, Penino & Moynihan, LLP, White Plains, N.Y. (Stephen J. Penino, on the brief), for Defendant-Appellee Century 21 Rustic Realty.

THALIA FEILEN, Goldson, Nolan Associates LLP, Melville, N.Y. (Howard W. Goldson, of counsel), for Defendant-Appellee Matthew Ryan.

Before: CARDAMONE, MINER, and CALABRESI, Circuit Judges.


CALABRESI, Circuit Judge.

Plaintiffs Clarence and Aischa Mitchell ("plaintiffs" or the "Mitchells") appeal from a decision of the United States District Court for the Eastern District of New York (Platt, J.), granting summary judgment to defendants Sheila and Harvey Shane (the "Shanes"), Matthew Ryan ("Ryan"), and Century 21 Rustic Realty ("Century 21"), on plaintiffs' claims of racial discrimination in connection with their unsuccessful attempt to purchase...

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