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ANDERSON v. U.S. DEPT. OF HOUSING AND URBAN DEV.

No. 07-31008.

554 F.3d 525 (2008)

Yolanda ANDERSON; Gilda Burbank; Allen Harris; Donna Johnigan; Odessia Lewis; Emelda May; Sylvia Moten; Hilda Johnson; Cynthia Bell; Nicole Banks; Judith Watson; Gloria Williams; Mary Ann Wright; Catrice Doucet; Linda Degruy; Kim Paul, in their own right and as representatives of all similarly situated displace New Orleans, Louisiana public housing residents, Alphonso Jackson, Secretary, United States Department of Housing and Urban Development; Housing Authority of New Orleans, Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; C. Donald Babers, Board of Commissioners, Housing Authority of New Orleans; William C. Thorson, Executive Administrator Appointing Authority Housing Authority of New Orleans; and each individual defendant in his official capacity, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 31, 2008.

Attorney(s) appearing for the Case

Ross Benjamin Bricker, John Fee Ward, Jr., Jenner & Block, Chicago, IL, William P. Quigley, Loyola University Law Clinic, Tracie L. Washington, New Orleans, LA, Anita Sinha (argued), Judith Allean Browne, Advancement Project, Washington, DC, for Plaintiffs-Appellees.

Kelsi Brown Corkran (argued), Mark Bernard Stern, U.S. Dept. of Justice, Office of Sol. Gen., Washington, DC, for Defendants-Appellees.

Rachel Wendt Wisdom (argued), Ashlee Megan Robinson, Heather Shauri Lonian, Stone, Pigman, Walther & Wittmann, New Orleans, LA, for Defendants-Appellants.

Before WIENER, GARZA, and DeMOSS, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Defendants, the Housing Authority of New Orleans ("HANO") and its officers and the United States Department of Housing and Urban Development ("HUD") and its officer, appeal the district court's order granting class certification.1 For the following reasons, we vacate and remand.

I

Following Hurricane Katrina, HANO planned to demolish and redevelop four deteriorated, storm-damaged public...

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