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GONZALEZ v. ST. MARGARET'S HOUSE HOUSING DEV. FUND CORP.

No. 1104, Docket 88-6032.

848 F.2d 391 (1988)

Josefina GONZALEZ, Cheun Chu Wong, Mo Long Wong, Oscar Weiss, Jose Torres, Poa Kong Chong, Edna Singleton, Crispula Zaragoza, Matilde Alsieux, Randall Smith, Frances Friedkiss, Manuela Concepcion, Salvador Carreras, Rita Mena, Nora Robertson, Plaintiffs-Appellants, v. ST. MARGARET'S HOUSE HOUSING DEVELOPMENT FUND CORPORATION, the United States Department of Housing and Urban Development, Samuel R. Pierce, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 13, 1988.

Attorney(s) appearing for the Case

Scott A. Rosenberg, The Legal Aid Soc., New York City (John E. Kirklin, Director of Litigation, The Legal Aid Soc., New York City, of counsel), for plaintiffs-appellants.

Richard W. Mark, Asst. U.S. Atty., S.D. New York, New York City (Rudolph W. Giuliani, U.S. Atty. for the S.D. New York, Nancy Kilson, Asst. U.S. Atty., S.D. New York, New York City, John W. Herold, Asst. Gen. Counsel for Litigation, Joseph W. Lobue, Trial Atty., U.S. Dept. of Housing and Urban Development, New York City, of counsel), for Federal defendants-appellees.

Joseph Polizzotto, New York City (Peter G. Bergmann, Paul G. Thomas, Susan A. Lifsey Portes, Cadwalader, Wickersham & Taft, New York City, of counsel), for defendant-appellee St. Margaret's House Housing Development Fund Corp.

Before LUMBARD, MESKILL and WINTER, Circuit Judges.

PER CURIAM:

Plaintiffs-appellants, elderly or disabled tenants of a low-income congregate care facility in Manhattan operated by defendant-appellee St. Margaret's House Housing Development Fund Corporation (St. Margaret's), appeal from an order and final judgment of the United States District Court for the Southern District of New York, Leval, J., dated November 30, 1987. Judge Leval had held that: (1) the mandatory meal charge imposed on tenants by St. Margaret...

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