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UNITED STATES v. MITCHELL

No. 76-3880.

580 F.2d 789 (1978)

UNITED STATES of America, Plaintiff-Appellant-Cross Appellee, v. John T. MITCHELL, d/b/a John T. Mitchell Real Estate Company, Alton Gotcher and Mattie Belle Gotcher, Defendants-Appellees-Cross Appellants.

United States Court of Appeals, Fifth Circuit.

September 21, 1978.

Attorney(s) appearing for the Case

Michael P. Carnes, U. S. Atty., Fort Worth, Tex., J. Stanley Pottinger, Asst. Atty. Gen., Mark L. Gross, Walter W. Barnett, Martin Barenblat, Frank E. Schwelb, Attys., Drew S. Days, III, Asst. Atty. Gen., Dept. of Justice, App. Section Civ. Rights Div., Washington, D. C., for plaintiff-appellant-cross appellee.

John F. Boyle, Jr., Dallas, Tex., for defendants-appellees-cross appellants.

Before GODBOLD, SIMPSON and MORGAN, Circuit Judges.

GODBOLD, Circuit Judge:

In this case under the Fair Housing Act, 42 U.S.C. § 3601 et seq., the Attorney General sued John T. Mitchell, his real estate company, and his agents, seeking damages and an injunction to end racially discriminatory housing practices. The district court granted the injunction after finding that the defendants had "steered" blacks into a separate section of a large apartment complex. The United States appeals the refusal of the...

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