MAHALEY v. CUYAHOGA METROPOLITAN HOUSING AUTHORITY

Civ. A. Nos. C 71-251, C 72-67.

355 F.Supp. 1245 (1973)

Artie MAHALEY et al., Plaintiffs, v. CUYAHOGA METROPOLITAN HOUSING AUTHORITY et al., Defendants. Dorothy M. HARRISON et al., Plaintiffs, v. CUYAHOGA METROPOLITAN HOUSING AUTHORITY et al., Defendants.

United States District Court, N. D. Ohio, E. D.

February 22, 1973.


Attorney(s) appearing for the Case

James I. Huston, Thomas J. LaFond, Schneider, Smeltz, Huston & Bissell, Cleveland, Ohio, for plaintiffs.

Robert Debevec, Law Director, City of Euclid, Euclid, Ohio, for City of Euclid, Harry J. Knuth, individually and as Mayor of City of Euclid, William H. Bretton, Harry L. Burkhart, Frank J. Chukayne, Edward Eckart, Milan A. Jaksic, Michael Kosmetos, John T. McCormack, Joseph E. Whalen and Stanley R. Zagorc, individually and as members of Council of the City of Euclid.

Loyal V. Buescher, Law Director, City of Solon, Cleveland, Ohio, for City of Solon, William E. Price, individually and as Mayor of City of Solon, John J. Kurpell, John Lechner, Vincent Marek, George C. Nierlich, Ralph Prasek, Albert A. Varga and George Vondrasek, individually and as members of Council of the City of Solon.

Theodore S. Holtz, Law Director, City of Garfield Heights, Garfield Heights, Ohio, for City of Garfield Heights, Raymond A. Stachewicz, individually and as Mayor of City of Garfield Heights, Betty F. Bennet, Frank J. Debelak, Eugene P. Kidd, Joseph Lamatrice, Joseph M. Maley, Edward J. Malley, Ralph Munson and Henry Piwkowski, individually and as members of Council of City of Garfield Heights.

Andrew Boyko, Law Director, City of Parma, Parma, Ohio, for City of Parma, John M. Petruska, individually and as Mayor of City of Parma, Francis E. Dobbins, Mary Dunning, Paul S. Kisil, Evelyn Kopchak, Kenneth G. Kuczma, Victor J. Labutta, Lynn W. Leary, George J. Novicky, Theodore P. Roth, John F. Sands, Jerome P. Stano, Stanley H. Wojas and John J. Zielinski, individually and as members of Council of City of Parma.

Robert Senor, Cleveland, Ohio, for City of Westlake, Alexander R. Roman, individually and as Mayor of City of Westlake, Ebert W. Berndsen, William Corley, Elmer P. Mang, Morton Nemet, William P. Skelly, Samuel B. Walls and James L. Wells, individually and as members of Council of City of Westlake.

Robert Bauer, U. S. Atty., for Department of Housing and Urban Development of United States, George Romney, as Secretary of Department of Housing and Urban Development of United States.

Nick DeVito, Asst. Law Director, Richard Hollington, Jr., Law Director, Ralph J. Perk, Mayor of the City of Cleveland, Frances Panehall, Joseph A. Lombardo, Michael J. Zone, Frank E. Gaul, Michael L. Climaco, Theodore E. Sliwa, Dennis Kucinich, Margaret McCaffery, Richard M. Harmody, William Franklin, James H. Bell, Charles V. Carr, individually and as members of Council of City of Cleveland, Walter C. Kelley, Jr., Fred J. Livingstone, Cleveland, Ohio, for Alfred I. Stolz, Robert E. Sweeney, Msgr. Francis W. Carney, Bertha Falkowski and Gwendolyn Hall, members of the Board of Cuyahoga Metropolitan Housing Authority, Robert J. Fitzgerald, Executive Director of Cuyahoga Metropolitan Housing Authority, City of Cleveland.

Before CELEBREZZE, Circuit Judge, BATTISTI, Chief Judge, and LAMBROS, District Judge.


MEMORANDUM OPINION AND ORDER

BATTISTI, Chief Judge:

These are consolidated suits instituted pursuant to 42 U.S.C. § 1981 and § 1983 and arising under federal law invoking this court's jurisdiction pursuant to 28 U.S.C. §§ 1343(3), 1343(4) and 1331(a). They are brought in behalf of all tenants and applicants for low-income housing, the vast majority of whom are Negro, and the Path Association, a nonprofit corporation incorporated under...

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