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HILL v. OGBURN

Nos. 85-3939, 86-3174.

812 F.2d 679 (1987)

Oliver HILL, et al., on behalf of themselves and all other similarly situated, Plaintiffs-Appellants, v. Calvin OGBURN, in his official capacity as Executive Director of Tallahassee Housing Authority, et al., Defendants-Appellees. Mae Helen JACKSON, Sylvia Rowe, Mildred Tarver and Diane Pena, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. HOUSING AUTHORITY OF the CITY OF FT. MYERS, Richard Hallan, individually and in his capacity as the Executive Director of the Housing Authority, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 17, 1987.

Attorney(s) appearing for the Case

Paolo G. Annino, Legal Services of North Florida, Inc., Tallahassee, Fla., for plaintiffs-appellants.

Guyte P. McCord, III, MacFarlane, Ferguson, Allison & Kelly, Tallahassee, Fla., (904/224-1215) Brandon Burnett, Dept. of Housing & Urban Development, Atlanta, Ga., for defendants-appellees.

Robert F. Roach, Christine E. Larson, Paolo Annino, Florida Rural Legal Services, Ft. Myers, Fla., for Jackson.

Dwight W. Whigham, Bigelow & Winesett, Ft. Myers, Fla., for Housing Authority of Ft. Myers & HA Com'rs.

Peter B. Loewenberg, Asst. U.S. Atty., Tampa, Fla., Jessica L. Parks, Asst. Regional Counsel, U.S. Dept. of H.U.D., Office, of counsel Atlanta, Ga., for U.S. Dept. of H.U.D.

Before TJOFLAT and HATCHETT, Circuit Judges, and EATON, Senior District Judge.

TJOFLAT, Circuit Judge:

These consolidated cases involve class actions brought by public housing tenants against their local housing authorities, the United States Department of Housing and Urban Development (HUD), and various federal and local officials. The district courts dismissed the actions for failure to state a claim, see Fed.R.Civ.P. 12(b)(6), and entered judgments for the defendants. While these appeals were pending, the Supreme Court, in Wright...

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