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HAMILTON v. MILLER

No. 72-1216.

477 F.2d 908 (1973)

Melvin R. HAMILTON, Plaintiff-Appellant, v. Emery L. MILLER and Mary Katherine Miller, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided May 1, 1973.

Attorney(s) appearing for the Case

John M. Daly, Gillette, Wyo. (George L. Arnold, Laramie, Wyo., with him on the brief), for plaintiff-appellant.

John E. Stanfield, of Smith, Stanfield & Mendicino, Laramie, Wyo., for defendants-appellees.

Nathaniel R. Jones, Charles R. Carter, and James I. Meyerson, New York City, on the brief for NAACP, amicus curiae.

Sanford Jay Rosen, New York City, and David Minge, Laramie, Wyo., on the brief for American Civil Liberties Union, amicus curiae.

Before LEWIS, Chief Judge, and JONES and McWILLIAMS, Circuit Judges.

LEWIS, Chief Judge.

This appeal taken by the plaintiff Hamilton follows the entry of an adverse judgment in the District of Wyoming after trial to the court sitting without a jury. Hamilton's complaint against the Millers alleged violations of the Civil Rights Act of 1866, 42 U.S.C. § 1982 and the Civil Rights Act of 1968, 42 U.S.C. § 3601, all arising from the failure of the Millers to rent to Hamilton an apartment located in Laramie, Wyoming. The appellate...

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