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HUERTAS v. EAST RIVER HOUSING CORP.

No. 644, Docket 86-7922.

813 F.2d 580 (1987)

Julio HUERTAS, Carmen Melendez, Francisco Garcia, Rosaria Esperon, Raphael Negron, Angelo Vasquez, Maria Sanchez, Joyce Johnson, and Betty Robinson, individually and on behalf of all other persons similarly situated, Lower East Side Joint Planning Council on Housing, and It's Time, Inc., Plaintiffs-Appellees, v. EAST RIVER HOUSING CORP., Seward Park Housing Corp., Hillman Housing Corp., Amalgamated Dwellings, Inc., Ralph Lippman, as President and a member of the board of directors of East River Housing Corp., President of Hillman Housing Corp., and President of Amalgamated Dwellings, Inc., and Harold Ostroff, as President and a member of the board of directors of Seward Park Housing Corp., Defendants. Appeal of EAST RIVER HOUSING CORP., Seward Park Housing Corp., Hillman Housing Corp., Amalgamated Dwellings, Inc., and Ralph Lippman, as President and a member of the board of directors of East River Housing Corp., President of Hillman Housing Corp., and President of Amalgamated Dwellings, Inc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 10, 1987.

Attorney(s) appearing for the Case

Kenneth Kimberling, New York City (Linda Flores, Puerto Rican Legal Defense & Education Fund, Inc., New York City, of counsel), for plaintiffs-appellees.

Alan G. Blumberg, New York City (Peter J. Shatzkin, Szold & Brandwen, P.C., New York City, Nathan Lewin, Miller, Cassidy, Larroca & Lewin, New York City, of counsel), for defendants-appellants.

Before MANSFIELD, PRATT, and ALTIMARI, Circuit Judges.

PER CURIAM:

On this appeal we are called upon to decide whether, after overseeing extensive settlement negotiations that have produced agreement among the parties on all issues except attorneys' fees, a district judge has authority to enforce the agreement in all other respects and award attorneys' fees to the plaintiff class over defendants' objection. For reasons set forth below, we hold that when litigants seek to settle an action by agreement, the district judge...

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