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PFAFF v. U.S. DEPT. OF HOUSING

No. 94-70898.

88 F.3d 739 (1996)

Karl PFAFF; Elizabeth Pfaff, Petitioners, v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided July 2, 1996.

Attorney(s) appearing for the Case

Catherine W. Smith, Edwards, Sieh, Hathaway, Smith & Goodfriend, Seattle, Washington, for petitioners.

Gregory B. Friel, United States Department of Justice, Washington, D.C., for respondent.

Before: HALL and TROTT, Circuit Judges, and RAFEEDIE, District Judge.

OPINION

CYNTHIA HOLCOMB HALL, Circuit Judge:

The petitioners are private landlords who have asked us to review a decision of the Department of Housing and Urban Development ("HUD") finding them liable for "familial status" discrimination under the Fair Housing Act ("FHA"). The question presented is whether the petitioners' facially neutral, numerical occupancy restriction illegally discriminates against families with children. Declining to reach the merits...

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