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FAIR HOUSING COUNCIL OF RIVERSIDE v. RIVERSIDE TWO

No. 99-55830.

249 F.3d 1132 (2001)

The FAIR HOUSING COUNCIL OF RIVERSIDE COUNTY, INC.; The Inland Mediation Board, Inc., Plaintiffs, and Eugenia Green, as an individual and as Guardian Ad Litem for Iran Green, Wendi Green, and Kamden Green, minors; Shannon Staples, as an individual and as Guardian Ad Litem for Jordan Palms and Brianna Staples, minors; Pamela Jackson Boynes, as an individual and as Guardian Ad Litem for Candace Boynes and Lesly Boynes, minors, Plaintiffs-Appellants, v. RIVERSIDE TWO, a California Partnership; Patrick Mcsherry; Tomaleen McSherry; and Greg McSherry; as individuals and doing business as the University Hills Apartments and the Casa del Mar Apartments; and Margaret Miller, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 21, 2001.

Attorney(s) appearing for the Case

Clifford A. Dover, Law Office of Clifford A. Dover, Fountain Valley, California, for the plaintiffs-appellants.

Edward L. Xanders, Greines, Martin, Stein & Richland LLP, Beverly Hills, California, for the defendants-appellees.

Before: HARRY PREGERSON, FERDINAND F. FERNANDEZ, and SUSAN P. GRABER, Circuit Judges.

Argued and Submitted April 16, 2001 — Pasadena, California.

GRABER, Circuit Judge:

The parties to this civil case filed simultaneous cross-motions for summary judgment. The district court granted Defendants' motions, denied Plaintiffs' motion as moot, and entered a judgment dismissing the action. We hold that, when simultaneous cross-motions for summary judgment on the same claim are before the court, the court must consider the appropriate evidentiary...

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