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SMITH v. TOWN OF CLARKTON, N. C.

No. 81-1766.

682 F.2d 1055 (1982)

James SMITH, Appellee, v. The TOWN OF CLARKTON, NORTH CAROLINA; and J. Dwight Fort, Individually and as Mayor of Clarkton; Dewitt Clark, Individually and as Commissioner of Clarkton; Steve Prince, Individually and as Commissioner of Clarkton; Linda Revels, Individually and as Commissioner of Clarkton, Appellants, National Committee Against Discrimination in Housing, Inc., Amicus Curiae, NAACP Legal Defense and Educational Fund, Inc., and The North Carolina Civil Liberties Union Legal Foundation, Inc., Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided June 29, 1982.

Attorney(s) appearing for the Case

W. Osborne Lee, Jr., Lumberton, N. C. (Lee & Lee, Lumberton, N. C., on brief), for appellants.

James J. Wall, Wilmington, N. C. (James B. Gillespie, Jr., Legal Services of the Lower Cape Fear, Wilmington, N. C., on brief), for appellee.

Martin E. Sloane, Rachel M. Hopp, Washington, D. C., on brief, for amicus curiae The National Committee Against Discrimination in Housing, Inc.

Jack Greenberg, James M. Nabrit, III, Lowell Johnston, Leslie J. Winter, New York City, on brief, for amicus curiae The NAACP Legal Defense and Educational Fund, Inc. and The North Carolina Civil Liberties Union Legal Foundation, Inc.

Before PHILLIPS, MURNAGHAN and SPROUSE, Circuit Judges.

SPROUSE, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Eastern District of North Carolina, which requires the town of Clarkton, North Carolina, to take affirmative steps to facilitate the construction of fifty units of public housing, originally planned in cooperation with the United States Department of Housing and Urban Development (HUD).

The action was filed by James Smith, a retired black man living in Bladen...

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