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DAUBNER v. HARRIS

Nos. 77 Civ. 6247, 78 Civ. 0547.

514 F.Supp. 856 (1981)

Thomas P. DAUBNER, Maria Isabel Solares, Marcelle Crepeau and George Bittner, Sr., Each individually and on behalf of all other persons similarly situated and affected by the policies, practices and usages complained of, Plaintiffs, v. Patricia Roberts HARRIS, Secretary of United States Department of Housing & Urban Development et al., Defendants. Elizabeth GITLIN, Plaintiff, v. DWELLING MANAGERS, INC., and Manhattan Plaza, Inc., Defendants.

United States District Court, S. D. New York.

May 1, 1981.

Attorney(s) appearing for the Case

Brennan & Daubner by William T. Brennan, Laurelton, N. Y., for plaintiffs Thomas P. Daubner, Maria Isabel Solares, Marcelle Crepeau and George Bittner, Sr.

Gerald Schwartz, New York City, for plaintiff Elizabeth Gitlin.

Lipkowitz & Plaut by Gerald D. Roth, Stephen Sussman, New York City, for defendants Dwelling Managers, Inc., and Manhattan Plaza, Inc., et al.

John S. Martin, Jr., U. S. Atty. for the Southern Dist. of New York by Jonathan A. Lindsey, Asst. U. S. Atty., New York City, for defendants Harris, et al.

Allen G. Schwartz, Corp. Counsel by Charles Olstein, Asst. Corp. Counsel, New York City, for municipal defendants.

OPINION

GRIESA, District Judge.

These two actions challenge the criteria for selection of tenants in the Manhattan Plaza apartment complex on West 42nd Street, New York City, a project in which the great majority of the tenants receive federal rent subsidies under Section 8 of the United States Housing Act of 1937, as amended, 42 U.S.C. § 1437f. Plaintiffs allege violation of that statute, and also violations of their constitutional rights.

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