HOUSING OPPORTUNITIES v. CINCINNATI ENQUIRER

No. 90-3176.

943 F.2d 644 (1991)

HOUSING OPPORTUNITIES MADE EQUAL, INC., Plaintiff-Appellant, v. The CINCINNATI ENQUIRER, INC., A DIVISION OF GANNETT CO., INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 5, 1991.


Attorney(s) appearing for the Case

Robert B. Newman (argued and briefed), Kircher & Phalen, Cincinnati, Ohio, for Housing Opportunities Made Equal, Inc., plaintiff-appellant.

John C. Greiner, Glenn V. Whitaker (argued and briefed), Graydon, Head & Ritchey, Cincinnati, Ohio, for Cincinnati Enquirer, a Div. of Gannett Co., Inc., defendant-appellee.

Bradford M. Berry (argued), Miller, Cassidy, Larroca and Lewin, Washington, D.C., William H. Jeffress, Jr. (briefed), Miller, Cassidy, Larroca & Lewin, Washington, D.C., for National Fair Housing Alliance and National Neighbors, amicus curiae.

Steven T. Catlett (briefed), Jones, Day, Reavis & Pogue, Columbus, Ohio, for Dispatch Printing Co. amicus curiae.

Floyd Abrams (briefed), Cahill, Gordon and Reindel, New York City, for American Newspaper Publishers Assn, amicus curiae.

Before KEITH, KENNEDY, and SUHRHEINRICH, Circuit Judges.


KENNEDY, Circuit Judge.

Plaintiff-appellant, Housing Opportunities Made Equal, Inc. ("HOME"), brought this action against the Cincinnati Enquirer ("defendant") alleging its real estate advertising violated the Fair Housing Act, 42 U.S.C. § 3604(a) and (c) ("FHA"), the Civil Rights Act, 42 U.S.C. § 1982, and the thirteenth amendment to the United States Constitution. The District Court granted defendant's motion to dismiss filed pursuant to Fed.R.Civ.P. 12...

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