ARTHUR v. CITY OF TOLEDO, OHIO

No. 84-3898.

782 F.2d 565 (1986)

Tony ARTHUR (Deceased), et al., Plaintiffs, Peggy Arthur, on her behalf and on behalf of all others similarly situated; Janice Holloway, Barbara Richardson and Michael Webb, Plaintiffs-Appellants, v. CITY OF TOLEDO, OHIO; Douglas DeGood, in his official capacity as Mayor of the City of Toledo; Gene Cook, William Copeland, Andrew Douglas, Sandra Isenberg, Ray Kest, Daniel McNamara, Raymond Nies, Leo Puccetti, in their official capacities as Members of the Toledo City Council; Walter Kane, in his official capacity as City Manager of the City of Toledo; Eugene Kasper, in his official capacity as Director of Public Service for the City of Toledo; et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 24, 1986.

Rehearing and Rehearing Denied April 2, 1986.


Attorney(s) appearing for the Case

Thomas A. Karol (argued), Glenn G. Galbreath, Advocates for Basic Legal Equality, Inc., Toledo, Ohio, for plaintiffs-appellants.

Charles A. Matuszynski, John D. Scouten, Robert G. Young (argued), Sarah McHugh, William Connelly-lead counsel, Connelly, Soutar & Jackson, Toledo, Ohio, Kevin E. Joyce, for defendants-appellees.

Before KENNEDY and KRUPANSKY, Circuit Judges and BROWN, Senior Circuit Judge.


Rehearing and Rehearing En Banc Denied April 2, 1986.

CORNELIA G. KENNEDY, Circuit Judge.

Plaintiffs-appellants brought this class action against the City of Toledo ("the City"), the Lucas Metropolitan Housing Authority ("LMHA"), and various individual defendants in their official capacities as officers and agents of the City and LMHA. The District Court certified a class consisting of "all low and moderate income persons who are on the waiting list for Turnkey...

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