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MOUNTAIN SIDE MOBILE ESTATES v. SECRETARY OF HUD

No. 94-9509.

56 F.3d 1243 (1995)

MOUNTAIN SIDE MOBILE ESTATES PARTNERSHIP, Robert Dalke, Marilyn Dalke, Petitioners, v. SECRETARY OF HOUSING AND URBAN DEVELOPMENT, on behalf of Jacqueline, Jaime, Michael and Shena VanLoozenoord, and on behalf of Michael Brace, Respondents, Jacqueline VanLoozenoord; James VanLoozenoord; Michael VanLoozenoord; Shena VanLoozenoord; Michael Brace, Intervenors.

United States Court of Appeals, Tenth Circuit.

May 30, 1995.

Attorney(s) appearing for the Case

Stephen E. Kapnik (Don D. Johnson with him, on the brief) of Lohf, Shaiman & Jacobs, P.C., Denver, CO, for petitioners.

Gregory B. Friel (Deval L. Patrick, Asst. Atty. Gen., Jessica Dunsay Silver, with him, on the brief), Dept. of Justice, Washington, DC, for respondents.

Penda D. Hair (Elaine R. Jones, Director-Counsel and Theodore M. Shaw, NAACP Legal Defense and Educational Fund, Inc., New York City, with her, on the brief), NAACP Legal Defense and Educational Fund, Inc., Washington, DC, for intervenors.

Joseph L. Coppola of Rice, Coppola & Hamrick, P.C., Englewood, CO, and Christopher B. Hanback of Jackson & Campbell, P.C. Washington, DC, for Amici Curiae.

Before KELLY, BARRETT, and HENRY, Circuit Judges.

BARRETT, Senior Circuit Judge.

Mountain Side Mobile Estates Partnership, Robert Dalke, and Marilyn Dalke (collectively referred to as Mountain Side) appeal from the Third Initial Decision on Remand and Order of the Department of Housing and Urban Development (HUD) entered after hearings before an administrative law judge. The Order awarded damages to intervenors in total amount of $9,178.50 and injunctive relief based on the Secretary of Housing and Urban Development...

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