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MASSARO v. MAINLANDS SECTION 1 & 2 CIVIC ASS'N

No. 92-4635.

3 F.3d 1472 (1993)

Joseph W. MASSARO, Patricia Ann Massaro, Plaintiffs-Counterclaim Defendants-Appellants, Joseph P. Massaro, Plaintiff-Counterclaim Defendant, v. MAINLANDS SECTION 1 & 2 CIVIC ASSOCIATION, INC., Defendant-Counterclaim Plaintiff-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. MAINLANDS SECTION 1 & 2 CIVIC ASSOCIATION, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 7, 1993.

Attorney(s) appearing for the Case

Michael R. Masinter, Ft. Lauderdale, FL, Alan G. Ehrlich, Jacaranda Lakes, FL, Gregory B. Friel, Dennis J. Dimsey, U.S. Dept. of Justice, Civil Rights Div., Washington, DC, for appellants.

Kathleen M. Burgener, Alan S. Becker, Becker & Poliakoff, P.A., Ft. Lauderdale, FL, for appellee.

Before KRAVITCH and COX, Circuit Judges and HOBBS, Senior District Judge.

KRAVITCH, Circuit Judge:

Joint appellants, the United States and the Massaros, filed a complaint against the Mainlands Civic Association (Association) alleging that the Association had discriminated against families with children in violation of the Fair Housing Act Amendments of 1988 by attempting to evict two families with infants. Appellees raise the affirmative defense that the Mainlands community is housing for older persons and thus, qualifies for an exemption...

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