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SHANNON v. U.S. DEPT. OF HOUSING & URBAN DEVELOPMENT

No. 77-2255.

577 F.2d 854 (1978)

Maurice SHANNON, Carolyn Beck, Basil H. Losten, Irene Sisk, Thomasene Mack, Mildred Bates, Lucille Weeks, Tyrone Beal, Brenda Parker, Frances McCarthy, Catherine M. P. Taylor, James W. Williams, Juanita Williams, Charles Johnson, Samuel D. Brog, Liberyplace Civic Association, Friends Neighborhood Guild, Friends Housing Cooperative, the German Society of Pennsylvania, for themselves and all others similarly situated, Appellants, v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, George Romney, Secretary of Department of Housing and Urban Development, Warren P. Phelan, Regional Administrator, Region II, Department of Housing and Urban Development, and Thomas J. Gallagher, Regional Administrator, Federal Housing Administration, Department of Housing and Urban Development, Appellees.

United States Court of Appeals, Third Circuit.

Decided June 5, 1978.

Attorney(s) appearing for the Case

Michael Churchill, Philadelphia, Pa., for appellants.

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., David W. Marston, U. S. Atty., Philadelphia, Pa., William Kanter, Mark H. Gallant, Walter S. Batty, Jr., Attys., App. Section, Civ. Div., Washington, D. C., for appellees.

Before HUNTER and WEIS, Circuit Judges, and LAYTON, District Judge.

OPINION

PER CURIAM.

This appeal raises the question whether the Civil Rights Attorney's Fees Awards Act of 1976, Pub.L. No. 94-559, 90 Stat. 2641, permits an award of fees against the United States in a suit under Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d et seq. Since we agree with the district court that the Attorney's Fees Act does not operate as a waiver of sovereign immunity in this context, we affirm.

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