LeBLANC-STERNBERG v. FLETCHER

Nos. 779, 780 and 1018, Docket 94-7103, 94-6048 and 94-6125.

67 F.3d 412 (1995)

Rabbi Yitzchok LeBLANC-STERNBERG, Chanie Leblanc-Sternberg, Fred Walfish, Lewis Kamman, Park Avenue Synagogue, Inc., Plaintiffs-Appellants-Cross-Appellees, v. Robert FLETCHER, Marianne Cucolo, John C. Layne, and Nicholas Vertullo, Individually and in their capacity as Trustees of the Village of Airmont, Maureen Kendrick, Individually and in her capacity as Mayor of the Village of Airmont, Raymond Kane, Paul Berliner, The Airmont Civic Association, The Village of Airmont, The Town of Ramapo, and Herbert Reisman, Individually and in his capacity as Ramapo Town Supervisor, Defendants, Robert Fletcher, John C. Layne, Nicholas Vertullo, Maureen Kendrick, and Raymond Kane, Individually, and in their capacity as Trustees of the Village of Airmont, and The Village of Airmont, Defendants-Appellees, Robert Fletcher and Nicholas Vertullo, Defendants-Appellees-Cross-Appellants. UNITED STATES of America, Plaintiff-Appellant, v. The VILLAGE OF AIRMONT, Airmont Civic Association, Ralph Bracco, in his capacity as Mayor of the Village of Airmont, John C. Layne, Raymond Kane, Charles Calotta and Ronald Sabo, in their capacities as trustees of the Village of Airmont, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 21, 1995.


Attorney(s) appearing for the Case

Craig L. Parshall, Fredericksburg, Virginia (Renee Wright, The Rutherford Institute, Charlottesville, Virginia, Reuben Koolyk, Randy Shaheen, Arnold & Porter, New York City, on the brief), for plaintiffs-appellants-cross-appellees Rabbi Yitzchok LeBlanc-Sternberg, Chanie LeBlanc-Sternberg, Fred Walfish, Lewis Kamman, Park Avenue Synagogue, Inc.

Sara L. Shudofsky, Assistant United States Attorney, New York City, (Mary Jo White, United States Attorney for the Southern District of New York, James L. Cott, Steven M. Haber, Assistant United States Attorneys, New York City, on the brief), for plaintiff-appellant United States of America.

Dennis E.A. Lynch, Nyack, New York (Dorfman, Lynch & Knoebel, Nyack, New York, on the brief), for defendants-appellees Village of Airmont, Raymond Kane, Maureen Kendrick, and John C. Layne.

Edmund C. Grainger, III, White Plains, New York (McCullough, Goldberger & Staudt, White Plains, New York, on the brief), for defendants-appellees-cross-appellants Robert Fletcher & Nicholas Vertullo.

G. Oliver Koppell, Attorney General of the State of New York, New York City (Sanford M. Cohen, Assistant Attorney General, New York, New York, of counsel), filed a brief for Amicus Curiae the State of New York in support of Appellants.

Fried, Frank, Harris, Shriver & Jacobson, New York City (Howard W. Goldstein, Stephen E. Raynes, New York City, Steven M. Freeman, The Anti-Defamation League of B'nai B'rith, New York City, of counsel), filed a brief for amicus curiae Anti-Defamation League of B'nai B'rith in support of Appellants.

David Zwiebel, Morton M. Avigdor, New York City, filed a brief for Amicus Curiae Agudath Israel of America in support of Appellants.

Barbara J. Samel, Albany, New York, filed a brief for Amicus Curiae The New York State Conference of Mayors & Municipal Officials in support of Appellees.

Before: KEARSE, McLAUGHLIN and CABRANES, Circuit Judges.


KEARSE, Circuit Judge:

These appeals from judgments entered in actions consolidated for trial in the United States District Court for the Southern District of New York, Gerard L. Goettel, Judge, involve claims that defendant Village of Airmont, New York ("Airmont" or the "Village"), along with individual defendants who incorporated the Village and/or served as its officers, discriminated against Orthodox Jews on the basis of their religion through the adoption...

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