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GREEN v. TEN EYCK

Nos. 77-1476 and 77-1477.

572 F.2d 1233 (1978)

Gloria GREEN, Joe Green and Catherine Nance, Appellants, v. William C. TEN EYCK, Individually and as Building Commissioner, City of Greendale, and James H. Foley, Jr., Individually and as Mayor of the City of Greendale, and City of Greendale, Missouri, Appellees. Gloria GREEN, Joe Green and Catherine Nance, Appellees, v. William C. TEN EYCK, Individually and as Building Commissioner, City of Greendale, Missouri, James H. Foley, Jr., Individually and as Mayor of City of Greendale, Missouri, and City of Greendale, Missouri, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 7, 1978.

Rehearing and Rehearing Denied April 27, 1978.

Attorney(s) appearing for the Case

Francis H. Kennedy, Jr. (argued), Chopin & Kennedy, St. Louis, Mo., on brief, for appellant Green.

Roy W. Bergmann, St. Louis, Mo. and Fred Boeckmann, Clayton, Mo., argued and on brief, for appellees.

Before GIBSON, Chief Judge, HEANEY, Circuit Judge, and HUNTER, District Judge.

Rehearing and Rehearing En Banc Denied April 27, 1978.

HEANEY, Circuit Judge.

These consolidated appeals arise out of an action filed by Gloria N. Green, Joe Green and Catherine Nance against the City of Greendale, Missouri, its building commissioner, William C. Ten Eyck, and its mayor, James H. Foley, Jr. The plaintiffs alleged that they were denied an occupancy permit on the basis of their race in violation of their right to equal treatment with respect...

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