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MAHALEY v. CUYAHOGA METROPOLITAN HOUSING AUTHORITY

No. 73-1407.

500 F.2d 1087 (1974)

Artie MAHALEY et al., Plaintiffs-Appellees, v. CUYAHOGA METROPOLITAN HOUSING AUTHORITY et al., Defendants-Appellees, and City of Euclid et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided July 9, 1974.

Attorney(s) appearing for the Case

Loyal V. Buescher, Charles T. Riehl, Cleveland, Ohio, for Municipal defendants-appellants; Walter, Haverfield, Buescher & Chockley, Cleveland, Ohio, on brief.

Andrew Boyko, Sol., City of Parma, and Robert R. Soltis, Sp. Counsel, Parma, Ohio, for defendants-appellants.

Schneider, Smeltz, Huston & Bissell by James I. Huston, Thomas J. LaFond, Cleveland, Ohio, on brief, for plaintiffs-appellees.

Walter C. Kelley, Fred J. Livingstone Michael L. Gordon Kelley, McCann & Livingstone, Cleveland, Ohio, on brief, for Cuyahoga Metropolitan Housing Authority.

Martin E. Sloane, Gen. Counsel, National Committee Against Discrimination In Housing, Inc., Washington, D. C., on brief, for Amicus Curiae.

Before WEICK, EDWARDS and PECK, Circuit Judges.

WEICK, Circuit Judge.

This appeal involves a controversy over low-rent housing under the United States Housing Act of 1937, as amended, 42 U.S.C. § 1401 et seq.

Plaintiffs are three Cleveland residents, who claim to be eligible for public housing, and an association interested in public housing, named The PATH. They filed an action in the District Court on March 15, 1971 against Cuyahoga Metropolitan Housing Authority (CMHA), a public housing agency,...

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