JOHNSON v. HALE

No. 92-35416.

13 F.3d 1351 (1994)

Jerome JOHNSON, George Walker, Plaintiffs-Appellants, v. Verlin C. HALE, Cheryl Hale, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Deferred December 20, 1993.

Resubmitted December 23, 1993.

Decided January 11, 1994.


Attorney(s) appearing for the Case

Andrew M. Small, St. Paul, MN, for plaintiffs-appellants.

Richard J. Carstensen, Billings, MT, for defendants-appellees.

Anne L. MacIntyre, Montana Human Rights Com'n, Helena, MT, for amicus.

Before: GOODWIN, CANBY, and KOZINSKI, Circuit Judges.


GOODWIN, Circuit Judge:

Jerome Johnson and George Walker appeal from a judgment awarding them $250 ($125 each) in compensatory damages for the emotional harm suffered as a result of racial discrimination in refusing to rent them an apartment. They argue that this de minimis award is clearly erroneous in light of the evidence presented, the policy considerations applicable to the case, other similar cases and this Court's remand order. We agree and reverse,...

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