CARSON v. PIERCE

No. 82-2077.

719 F.2d 931 (1983)

James CARSON and Bertha Carson, individually and on behalf of their minor children; Ruthie Royster, individually and on behalf of her minor children; and on behalf of all others similarly situated and Greater St. Louis Committee for Freedom of Residence, Inc., a not-for-profit Missouri corporation, Appellants, v. Samuel R. PIERCE, Jr. in his official capacity as Secy of Housing & Urban Development; Harry Sharrott, in his official capacity as Acting Reg. Admin. of Housing & Urban Development; Johnny Bullock, Jr. in his official capacity as Area Mgr for St. Louis Area of Region VII of Dept. of HUD; Department of Housing & Urban Development, an executive agency of the U.S., Spanish Lake Associates, a Michigan co-partnership and its partners; Stephen P. Hayman, individually and in his capacity as mgr. partner of Spanish Lake Assoc.; Alan J. Hayman, individually and in his capacity as mgr. partner of Spanish Lake Assoc.; and Hayman Management Company, a Michigan corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 25, 1983.


Attorney(s) appearing for the Case

David L. Lambert, James B. Morales, National Center for Youth Law, San Francisco, Cal., Jim Eggleston, Oakland, Cal., David Howard, Adrienne Volenik, Howard & Volenik, St. Louis, Mo., for appellants.

Gary L. Vincent, St. Louis, Mo., for appellees.

Before JOHN R. GIBSON and FAGG, Circuit Judges, and WOODS, District Judge.


FAGG, Circuit Judge.

The owners and managers of a federally insured apartment complex provide in their leases that no more than two children shall reside in any one of their apartments. Plaintiffs brought this action to declare illegal and enjoin the enforcement of this policy, claiming that it discriminates unlawfully against families with children. The district court, 546 F.Supp. 80, dismissed the claim against the apartment...

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