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JAIMES v. LUCAS METRO. HOUSING AUTH. (LMHA)

Nos. 86-3518, 86-3561.

833 F.2d 1203 (1987)

Josie JAIMES; Tomas Gonzales; Clarence Turner; and Patricia Davis, Plaintiffs-Appellees, v. LUCAS METROPOLITAN HOUSING AUTHORITY (LMHA); John Landry; John Chadwell; Carlton Siegel; Maureen Layson; Frank B. Daig; and Dorothy Dennis (86-3518), United States Department of H.U.D.; Samuel R. Pierce, Jr., Secretary; Gertrude W. Jordan, Region V. Administrator; Judith Y. Brachman, Director (Columbus) (86-3561), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided November 20, 1987.

Opinion on Denial of Rehearing February 3, 1988.

Attorney(s) appearing for the Case

William M. Connelly, Kevin E. Joyce (argued), Connelly, Soutar & Jackson, Toledo, Ohio, for defendants-appellants in No. 86-3518.

Anthony J. Ciccone, Jr., HUD Office of Litigation, Marc Johnston, Civil Div., Appellate Staff, U.S. Dept. of Justice, Washington, D.C., for HUD.

Patrick J. Foley, Arthur R. Goldberg, Asst. U.S. Attys., Toledo, Ohio, Anthony J. Steinmeyer (argued), Shalom Brilliant, U.S. Dept. of Justice, Civil Div., John Hoyle, Anthony J. Ciccone, Jr., Litigation Office, U.S. Dept. of H.U.D., Washington, D.C., for defendants-appellants in No. 86-3561.

Jeanne Deimling Johns (argued), Glenn G. Galbreath, A.B.L.E., Toledo, Ohio, Martin E. Sloane, Nat. Committee Against Discrimination in Housing, Washington, D.C., for plaintiffs-appellees.

Before MARTIN, JONES and WELLFORD, Circuit Judges.

BOYCE F. MARTIN, Jr., Circuit Judge.

The Lucas Metropolitan Housing Authority and the United States Department of Housing and Urban Development challenge a judgment requiring compliance with an affirmative action plan imposed by the court in an effort to desegregate public housing in Toledo, Ohio. We conclude that certain of the plan's provisions may not legitimately be enforced while others remain appropriate as narrowly-tailored remedies for past discrimination...

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