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NEIGHBORHOOD ACTION COALITION v. CITY OF CANTON, OHIO

No. 88-3450.

882 F.2d 1012 (1989)

NEIGHBORHOOD ACTION COALITION, et al., Plaintiffs-Appellants, v. CITY OF CANTON, OHIO, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

July 27, 1989.

Attorney(s) appearing for the Case

Edward L. Gilbert (argued), Edward L. Gilbert Co., LPA, Canton, Ohio, for plaintiffs-appellants.

Mariella Mestel, Safety Forces Adv., Office of the Canton Law Dept., William J. Hamann (argued), Office of the City Atty., Canton Law Dept., Canton, Ohio, for defendant-appellee City of Canton.

Lemuel R. Green, William S. Heichel, Canton, Ohio, for defendant-appellee The Store.

Lemuel R. Green, Canton, Ohio, for defendant-appellee Basim Rashid.

Before ENGEL, Chief Judge, JONES, Circuit Judge, and WOODS, District Judge.

WOODS, District Judge:

On this appeal we review a district court's Order of Dismissal under Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons that follow, we affirm in part and reverse in part.

I.

The Neighborhood Action Coalition (NAC) is an unincorporated association consisting of residents of the northeast section of Canton, Ohio, and organized for the purpose of fostering open housing. L.Q. Ellis, Mary Ellis, Carmine Altieri...

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