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AYLETT v. SECRETARY OF HOUSING AND URBAN DEV.

No. 94-9516.

54 F.3d 1560 (1995)

Jess AYLETT and Barbara Aylett, Petitioners, v. SECRETARY OF HOUSING AND URBAN DEVELOPMENT, on behalf of Bobbie Burris, Respondent, and Bobbie Burris, Intervenor.

United States Court of Appeals, Tenth Circuit.

May 25, 1995.

Attorney(s) appearing for the Case

Larry S. Jenkins of Wood Spendlove & Quinn, L.C., Salt Lake City, UT, (Kathryn O. Balmforth, with him on the brief), for petitioner.

Mary K. McElderry of the Dept. of Justice, Washington, DC (David K. Flynn, Dept. of Justice, and Deval L. Patrick, Asst. U.S. Atty., with her on the brief), for respondent.

Judith A. Browne of the NAACP Legal Defense and Educational Fund, Inc., Washington, DC (Penda D. Hair of the NAACP Legal Defense and Educational Fund, Inc., Washington, DC, and Kevin S. Reed, NAACP Legal Defense and Educational Fund, Inc., Los Angeles, CA, with her on the brief), for intervenor.

Before SEYMOUR, ALDISERT, and BALDOCK, Circuit Judges.

ALDISERT, Senior Circuit Judge.

This is a petition for review by a white couple, Jess and Barbara Aylett, from a decision and final order by the Secretary of the U.S. Department of Housing and Urban Development (HUD), imposing damages against them in excess of $100,000 for allegedly discriminatory statements made by the Ayletts against an African-American woman seeking to rent an apartment unit from them. Although the petition requires us to determine whether substantial...

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