LAZAR v. PIERCE

No. 84-1829.

757 F.2d 435 (1985)

Sandra LAZAR, Plaintiff, Appellant, v. Samuel PIERCE, etc., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 21, 1985.

Rehearing and Rehearing Denied May 13, 1985.


Attorney(s) appearing for the Case

Douglas Letter, Civ. Div., Dept. of Justice, Washington, D.C., with whom John F. Cordes, Civ. Div., Dept. of Justice, Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., Lincoln C. Almond, U.S. Atty., Providence, R.I., Gershon Ratner, Associate Gen. Counsel for Litigation, Howard Schmeltzer, Sp. Asst. to the Associate Gen. Counsel for Litigation, Jonathan Strong and Richard C. Stearns, Attys., Office of Gen. Counsel, Dept. of Housing and Urban Development, Washington, D.C., were on brief, for defendant, appellee Secretary of Housing and Urban Development.

William M. Walsh, Providence, R.I., for defendant, appellee East Providence Housing Authority.

Alan R. Tate, Providence, R.I., with whom Iannuccillo & Hines, Inc., Providence, R.I., was on brief, for defendant, appellee Bullocks Point Village.

John M. Roney, Providence, R.I., with whom Roney & Labinger and John W. Dineen, Rhode Island Legal Services, Providence, R.I., were on brief, for plaintiff, appellant.

Allan G. Rodgers, Massachusetts Law Reform Institute, Inc., Boston, Mass., on brief for Coalition for Basic Human Needs, Massachusetts Union of Public Housing Tenants, Greater Boston Legal Services, Legal Assistance Corp. of Central Massachusetts, Massachusetts Law Reform Institute, Nat. Consumer Law Center, and Western Massachusetts Legal Services, amici curiae.

E. Richard Larson, American Civil Liberties Union Foundation, New York City, and Bruce S. Gelber, Gen. Counsel, Nat. Committee Against Discrimination in Housing, Washington, D.C., on brief for American Civil Liberties Union, and the Nat. Committee Against Discrimination in Housing, amici curiae.

Before BREYER, ALDRICH and TORRUELLA, Circuit Judges.


Rehearing and Rehearing En Banc Denied May 13, 1985.

BAILEY ALDRICH, Senior Circuit Judge.

In this Civil Rights action plaintiff, after obtaining a consent decree in which it was expressly provided that attorney's fees were not to be awarded, sought to reopen to recover fees. The district court denied the relief, and plaintiff appeals. We affirm.

Plaintiff is a tenant in a housing complex owned by defendant Bullocks Point Village Associates (Bullocks...

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