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HARPER v. HUTTON

No. 77-1214.

594 F.2d 1091 (1979)

Derry HARPER and Nikki Harper, Plaintiffs-Appellants, v. Edward M. HUTTON, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 14, 1979.

Attorney(s) appearing for the Case

Maurice E. Franklin, Jonathan I. Charney, Nashville, Tenn., Jack Greenberg, Beth J. Lief, New York City, for plaintiffs-appellants.

Stephen W. Ramp, Robert D. Tuke, Farris, Evans & Warfield, Nashville, Tenn., for defendant-appellee.

Before WEICK and MERRITT, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

MERRITT, Circuit Judge.

After a bench trial, the District Court dismissed plaintiffs' housing discrimination suit brought under 42 U.S.C. §§ 3604 and 1982 (1976). The action is based on defendant's refusal to lease to plaintiffs an efficiency apartment near Vanderbilt University in Nashville, Tennessee. The defendant argues that he refused not because the plaintiffs are black, but because they are too poor to pay...

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