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KELLY v. SECRETARY, U.S. DEPT. OF HOUSING

Nos. 95-3008, 95-3107 and 95-4141.

97 F.3d 118 (1996)

Michael P. KELLY and John T. Kelly (95-3008/4141), Petitioners, Dionne Staples (95-3107), Petitioner, v. SECRETARY, UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, on behalf of Dionne STAPLES, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided September 30, 1996.

Attorney(s) appearing for the Case

Robert G. Kelly (argued and briefed), Norwood, OH, for Michael P. Kelly, John T. Kelly in Nos. 95-3008, 95-3107 and 95-4141.

Dennis J. Dimsey, Marie K. McElderry (argued and briefed), U.S. Department of Justice, Civil Rights Division, Appellate Section, Washington, DC, for U.S. Department of Housing and Urban Development in Nos. 95-3008, 95-4141.

Frederick M. Morgan, Jr. (argued and briefed), Helmer, Lugbill, Martins & Neff, Cincinnati, OH, for Dionne Staples in Nos. 95-3008, 95-3107 and 95-4141.

Before: MERRITT, Chief Judge; LIVELY and RYAN, Circuit Judges.

MERRITT, C.J., delivered the opinion of the court, in which LIVELY, J., joined. RYAN, J. (pp. 122-24), delivered a separate dissenting opinion.

MERRITT, Chief Judge.

This case is on appeal for the second time from an order of the Department of Housing and Urban Development ("HUD" or "the agency") finding liability and ordering damages against apartment owners Michael and John Kelly for housing discrimination. In this decision we carry out the earlier decision...

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