YONKERS RACING CORP. v. CITY OF YONKERS

Nos. 1504, 1505, Dockets 88-6140, 88-6146.

858 F.2d 855 (1988)

YONKERS RACING CORPORATION and St. Joseph's Seminary and College, Petitioners-Appellants, v. CITY OF YONKERS, Respondent-Appellee, and United States of America and Yonkers Branch, NAACP, et al., Intervenors-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 22, 1988.


Attorney(s) appearing for the Case

Robert D. Meade and Michael J. Trainor, White Plains, N.Y. (Bleakley & Schmidt, White Plains, N.Y., of counsel), for petitioners-appellants.

Michael W. Sculnick, New York City (Stanley R. Strauss, Vedder, Price, Kaufman, Kammholz & Day, New York City, Paul W. Pickelle, Corp. Counsel, City of Yonkers, Yonkers, N.Y., Rex E. Lee, Carter G. Phillips, Mark D. Hopson, Gary I. Resnick, Sidley & Austin, Washington, D.C., of counsel), for respondent-appellee.

Linda F. Thome, Atty., U.S. Dept. of Justice, Washington, D.C. (Wm. Bradford Reynolds, Asst. Atty. Gen., David K. Flynn, Atty., Dept. of Justice, Washington, D.C., of counsel), for intervenor U.S.

Michael H. Sussman, Counsel, Yonkers Branch, NAACP, Yonkers, N.Y. (Sussman & Sussman, Yonkers, N.Y., of counsel), for intervenors Yonkers Branch, NAACP, et al.

Before ALTIMARI and MAHONEY, Circuit Judges, and KORMAN, District Judge.


ALTIMARI, Circuit Judge:

These two separate appeals, which we have consolidated for purposes of this opinion, follow from the housing remedy portions of a prior judgment, entered in the United States District Court for the Southern District of New York (Sand, J.), finding the City of Yonkers (the "City" or "Yonkers") liable for a pattern and practice over a span of forty years of deliberately concentrating federally subsidized...

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