U.S. v. SEC. HOUSING AND URBAN DEV.

No. 00-6022(L), 00-6036(XAP).

239 F.3d 211 (2001)

UNITED STATES of America Plaintiff-Appellee, v. Secretary of Housing and Urban Development Third-Party-Defendant Shirley C. Brown, in her capacity as a member of the State Board of Regents; Lora Bradley Chodos, in her official capacity as a member of the State Board of Regents; Thomas Frey, in his official capacity as a member of the State Board of Regents; Willard A. Genrich, In his official capacity as a member of the State Board of Regents; Norma Gluck; Emlyn I. Griffith, in her official capacity as a member of the State Board of Regents; Floyd S. Linton, in his official capacity as a member of the State Board of Regents; Vincent Tese; UNITED STATES Department of Housing and Urban Development; Samuel Pierce; Salvadore Sclafini, in his official capacity as a member of the State Board of Regents; Thomas Sobol; Mario Cuomo; Martin C. Barrell, in his official capacity as a member of the State Board of Regents; James McCabe, Sr., in his official capacity as a member of the State Board of Regents; Mimi Levin Lieber, in her official capacity as a member of the State Board of Regents; Yonkers Community Development Agency, Defendants-Appellees, City of Yonkers; Defendant-Appellant-Cross-Appellee, Yonkers Board of Education, Defendants-Appellants, v. Yonkers Federation of Teachers; Intervenor-Defendant Yonkers Branch-National Association for the Advancement of Colored People; Intervenor-Plaintiff-Appellee-Cross-Appellant, R. Carlos Carballada, in his official capacity as a member of the State Board of Regents; Louise P. Matteoni, in his official capacity as member of the State Board of Regents; Edward Meyer, in his official capacity as a member of the State Board of Regents; Jorge L. Battista, in his official capacity as a member of the State Board of Regents; State of New York; Board of Regents of the State of New York; Adelaide L. Sanford, in her official capacity as a member of the State Board of Regents; Urban Development Corporation of the State of New York; George Pataki, as Governor of the State of New York; Richard P. Mills, as Commissioner of Education of the State of New York; H. Carl McCall, as Comptroller of the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: January 5, 2001.


Attorney(s) appearing for the Case

RAYMOND P. FITZPATRICK, JR., Fitzpatrick, Cooper & Clark, Birmingham, Alabama (R. Scott Clark, on the brief), for Defendant-Appellant-Cross-Appellee City of Yonkers.

MICHAEL H. SUSSMAN, Goshen, New York, for Intervenor-Plaintiff-Appellees-Cross-Appellants Yonkers Branch NAACP.

LISA WILSON EDWARDS, United States Department of Justice, Civil Rights Division, Washington, D.C. for Bill Lann Lee, Acting Assistant Attorney General (David K. Flynn, on the brief, for Plaintiff-Appellee United States of America.

Before: KEARSE, CALABRESI, and SOTOMAYOR, Circuit Judges.


CALABRESI, Circuit Judge:

I. BACKGROUND

In 1985, following a lengthy bench trial, the United States District Court for the Southern District of New York (Leonard B. Sand, District Judge) found that the City of Yonkers ("the City" or "Yonkers") had intentionally segregated its public housing and public schools on the basis of race by relegating virtually all of its subsidized housing to the predominantly minority-resident southwest part of the City...

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