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CROW v. BROWN

Nos. 71-3466, 71-3467.

457 F.2d 788 (1972)

Trammell CROW and Albert Susman, Plaintiffs-Appellees, v. Charlie BROWN et al., Defendants-Appellants, and United States Department of Housing and Urban Development, George Romney, etc., et al., Defendants, The Ervin Company, Intervenor-Appellee, Samuel Carr and Hattie Mae Calhoun, Plaintiff-Intervenors-Appellees. Samuel CARR and Hattie Mae Calhoun, etc., Plaintiffs-Appellees, v. Charlie BROWN et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 15, 1972.

Attorney(s) appearing for the Case

Robert G. Young, Atlanta, Ga., for Charlie Brown and others.

John W. Stokes, Jr., U. S. Atty., Atlanta, Ga., for H.U.D. and Romney.

King & Spalding, Atlanta, Ga., for Persells.

Moreton Rolleston, Jr., Atlanta, Ga., for Crow & Susman.

Ralph H. Witt, Hoke Smith, Atlanta, Ga., for Ervin Co.

Henry L. Bowden, John R. Myer, Robert B. Newman, Atlanta, Ga., for Carr and Calhoun.

Jack H. Watson, Jr., Atlanta, Ga., for The City of Atlanta.

Before WISDOM, GODBOLD and RONEY, Circuit Judges.

PER CURIAM:

The district court accurately and succinctly stated the issue in these consolidated cases:

The broad issue raised by these plaintiffs here . . . is whether the Fourteenth Amendment to the United States Constitution prohibits the County defendants from exercising whatever discretion allowed by municipal law for the avowed purpose of excluding low-income blacks from apartments proposed for construction on land zoned for apartments.

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