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BAUMGARDNER v. SECRETARY, HUD ON BEHALF OF HOLLEY

No. 91-3039.

960 F.2d 572 (1992)

Thomas C. BAUMGARDNER, Petitioner, v. The SECRETARY, UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, on behalf of Blanton B. Holley, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided March 31, 1992.

Attorney(s) appearing for the Case

Mark L. Resler, Cincinnati, Ohio (argued and briefed), for Thomas C. Baumgardner, petitioner.

Leslie A. Simon (briefed), Jessica D. Silver (argued), U.S. Dept. of Justice, Civ. Rights Div., Appellate Section, Robert E. Kopp, Dept. of Justice, Appellate Staff, Civ. Div., David H. Enzel, Memmi M. Stubbs, U.S. Dept. of Housing and Urban Development, Washington, D.C., for Secretary, U.S. Dept. of Housing and Urban Development, on behalf of Blanton B. Holley, respondent.

Stephen M. Dane (briefed), Cooper, Straub, Walinski & Cramer, Toledo, Ohio, for National Fair Housing Alliance and Nat. Neighbors and Housing Opportunities Made Equal, Inc., amicus curiae.

Frederick M. Morgan, Jr. (briefed), Montgomery, Rennie & Jonson, Cincinnati, Ohio, for Blanton B. Holley, respondent-intervenor.

Before: JONES and SUHRHEINRICH, Circuit Judges; and WELLFORD, Senior Circuit Judge.

WELLFORD, Senior Circuit Judge.

Blanton B. Holley, who lived in the Walnut Hills area of Cincinnati, Ohio, called a telephone number listed on a rental sign at nearby 2343 Victory Parkway. The rental sign advertised a four-bedroom home owned by petitioner, Thomas C. Baumgardner. Holley talked to Baumgardner in early January, 1989, who gave him information about monthly rental and estimated utility bills. There is some divergence in testimony about the details of the...

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