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KELLY v. SECRETARY, HUD

No. 92-4064.

3 F.3d 951 (1993)

Michael P. KELLY and John T. Kelly, Petitioners, v. The SECRETARY, UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT and Dionne Staples, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided August 27, 1993.

Rehearing Denied October 28, 1993.

Attorney(s) appearing for the Case

Robert G. Kelly (argued & briefed), Norwood, OH, for petitioners.

William R. Yeomans (argued & briefed), U.S. Dept. of Justice, Civil Rights Div., Appellate Section, Washington, DC, Konrad J. Rayford, Office of U.S. Dept. of Housing and Urban Development, Chicago, IL, for respondent Secretary.

Frederick M. Morgan, Jr. (argued & briefed), Cincinnati, OH, for respondent Dionne Staples.

Before: MILBURN and NORRIS, Circuit Judges; and LIVELY, Senior Circuit Judge.

LIVELY, Senior Circuit Judge.

This is a petition to review the final decision of an administrative law judge (ALJ) under the Fair Housing Amendments Act of 1988 (the Act), 42 U.S.C. § 3601, et seq. (1988). We have jurisdiction under § 3612(i). The ALJ found that the petitioners, Michael P. Kelly and John T. Kelly, violated the Act by refusing to rent an apartment owned by the Kellys because the applicant had two children. Such a refusal on the basis of ...

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