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BURNEY v. HOUSING AUTHORITY OF COUNTY OF BEAVER

Nos. 83-5246, 83-5262.

735 F.2d 113 (1984)

Theresa BURNEY, Sileatha Ferguson, Brenda Jackson, Debra Turner, Rose Ann Johnson and Stacey Glover, individually and on behalf of all others similarly situated. Arlene Goosby, Gia Flannigan, Joann Powell and Leila Smith v. HOUSING AUTHORITY OF the COUNTY OF BEAVER, James F. Tress, individually and in his capacity as Executive Director of the Housing Authority of the County of Beaver, John F. Phillips, individually and as Chairman of the Board of Commissioners of the Housing Authority of the County of Beaver, their agents, successors in office, and persons acting under their direction Homer C. Floyd, Executive Director for Pennsylvania Human Relations Commission, Defendant Intervenor. Leila SMITH, Gia Flannigan, Joann Powell and Arlene Goosby, individually and on behalf of all others similarly situated v. HOUSING AUTHORITY OF the COUNTY OF BEAVER, and James F. Tress, individually and in his capacity as Executive Director of the Housing Authority of the County of Beaver, and John F. Phillips, individually and as Chairman of the Board of Commissioners of the Housing Authority of the County of Beaver and their agents, successors in office and persons acting under their direction. Appeal of Theresa BURNEY, Sileatha Ferguson, Brenda Jackson, Debra Turner, Rose Ann Johnson, and Stacey Glover, individually and on behalf of all others similarly situated. Arlene Goosby, Gia Flannigan, Joann Powell and Leila Smith, in No. 83-5246. Appeal of Homer C. FLOYD, Executive Director of the Pennsylvania Human Relations Commission, in No. 83-5262.

United States Court of Appeals, Third Circuit.

Decided June 1, 1984.

As Amended June 6, 1984.

Attorney(s) appearing for the Case

Timothy P. O'Brien (argued), Neighborhood Legal Services Ass'n, Pittsburgh, Pa., for appellants, Theresa Burney et al.

Clarence D. Neish (argued), Aliquippa, Pa., for appellees, Housing Authority of the County of Beaver et al.

Michael L. Foreman (argued), Pennsylvania Human Relations Com'n, Pittsburgh, Pa., for defendant intervenor, Homer C. Floyd, Executive Director of the Pennsylvania Human Relations Com'n.

Before ADAMS and SLOVITER, Circuit Judges, and KELLY, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Plaintiffs in the court below appeal in No. 83-5246 from the district court's order setting their counsel fees. Defendant-Intervenor, Homer C. Floyd, Executive Director of the Pennsylvania Human Relations Commission (PHRC), filed a cross-appeal in No. 83-5262 from the award of any attorney's fees against it. Following the argument, we ordered this matter held until the Supreme Court's decision in Blum v. Stenson...

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