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KNUTZEN v. EBEN EZER LUTHERAN HOUSING CENTER

No. 85-2674.

815 F.2d 1343 (1987)

Ardis Knutzen, Individually and As Representative of Persons Similarly Situated, Plaintiff/Appellant, and Melinda Nelson and Dorotea Herrera, Individually and As Representatives of Persons Similarly Situated, Plaintiffs-Intervenors/Appellants, v. Eben Ezer Lutheran Housing Center, a Colorado Corporation, Ruth Sagel, Barbara Trute, John Reffell, Robert Nelson, Richard Peterson, Lew Meissner, Harold Brokering, John Elling, All Members of the Board of Directors of the Eben Ezer Lutheran Housing Center, Helen Herrboldt, Assistant Managing Agent of Tabor Apartments, Robert Herrboldt, Managing Agent of Tabor Apartments, Defendants/Appellees.

United States Court of Appeals, Tenth Circuit.

April 6, 1987.

Attorney(s) appearing for the Case

Glenn Meyers, Colorado Rural Legal Services (Jacquie Higinbotham, Colorado Rural Legal Services, Fort Morgan, Colo., with him on briefs), Denver, Colo., for plaintiffs-appellants.

Neil Quigley, Quigley & Ross (Helena Schultz, Brandenburg & Schultz, Brush, Colo., with him on briefs), Denver, Colo., for defendants-appellees.

Catherine M. Bishop, Nat. Housing Law Project, Berkeley, Cal., amicus curiae in support of plaintiffs-appellants.

Suzanne M. Weiss, American Ass'n of Homes for the Aging, Washington, D.C., amicus curiae in support of defendants-appellees.

Before HOLLOWAY, Chief Judge, and ANDERSON, Circuit Judge, and BRIMMER, District Judge.

BRIMMER, Chief District Judge.

This is an appeal from a judgment of the United States District Court for the District of Colorado granting the defendants' motion for summary judgment, denying the plaintiffs' motion for partial summary judgment, and holding that a federally funded housing project under § 202 of the Housing Act of 1959, 12 U.S.C. § 1701q, may consider for admission only one or some of the four categories...

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