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CITY OF PARMA, OHIO v. LEVI

No. 75-2151.

536 F.2d 133 (1976)

CITY OF PARMA, OHIO, Plaintiff-Appellant, v. Edward Hirsch LEVI, Attorney General of the United States, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 11, 1976.

Rehearing Denied July 17, 1976.

Attorney(s) appearing for the Case

Andrew Boyko, Sol., Robert R. Soltis, Sp. Counsel, Parma, Ohio, for plaintiff-appellant.

Michael L. Barrett, Frank E. Schwelb, Housing Section, Civ. Rights Div., Dept. of Justice, Washington, D. C., for defendant-appellee.

Before WEICK and LIVELY, Circuit Judges, and CECIL, Senior Circuit Judge.

WEICK, Circuit Judge.

In this lawsuit a municipality, the City of Parma, seeks an injunction prohibiting enforcement by the Attorney General of the Fair Housing Act of 1968 against it. The City claims that it is entitled to the injunction because the statute does not apply to municipalities, and that if it does so apply it is unconstitutional. The complicating factor in this suit is that the Attorney General had previously commenced a pattern and practice of discrimination...

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