No. 256, Docket 97-7140.

140 F.3d 91 (1998)

Stephen M. CATANZARO; Warren Kautz; Rashon Lal, Plaintiffs-Appellants, v. Sara WEIDEN, Defendant, City of Middletown, New York; Hyman Weiden; Joseph Destephano, Esq., Mayor, sued in his Official and Individual capacities; Alfred A. Fusco, sued in his Official and Individual capacities, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 17, 1998.

Attorney(s) appearing for the Case

Michael H. Sussman, Goshen, NY (Sussman, Bergstein, Wotorson and Whateley, Goshen, NY, Helen Ullrich, Stephen Bergstein, of counsel), for Plaintiffs-Appellants.

Monte J. Rosenstein, Middletown, NY (Rosenstein, McKenna and Bonney, Middletown, NY; Robert N. Isseks; Alex Smith, Assistant Corporation Counsel for the City of Middletown, of counsel), for Defendants-Appellees.

Before: ALTIMARI, PARKER and KEITH, Circuit Judges.

KEITH, Circuit Judge:

This is a civil rights action by which the plaintiffs assert that defendants, City of Middletown, Mayor Joseph DeStefano, and Alfred Fusco, the Middletown Commissioner of Public Works (collectively the "City"), violated their due process property rights under 42 U.S.C. § 1983, the Fourteenth Amendment's Equal Protection Clause and the Fair Housing Act, 42 U.S.C. § 3601, et seq. ("FHA"). The district court granted the City's motion...

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