SHADE v. HOUSING AUTH. OF CITY, NEW HAVEN

No. 00-6160.

251 F.3d 307 (2001)

Robin Shade, As Next Friend of Minor Plaintiffs Orlando Velez-Shade, Jr., and Danny Velez-Shade, Plaintiffs-Appellants, v. Housing Authority of the City of New Haven, John Yost and John Diduca, Defendants-Appellees, UNITED STATES of America, Consolidated Defendant-Appellee.

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

Decided April 30, 2001.

As amended May 10, 2001


Attorney(s) appearing for the Case

PETER A. KELLY, New Haven, CT, for Plaintiffs-Appellants.

ERIC P. SMITH, Lynch, Traub, Keefe, and Errante, P.C. (Donn A. Swift, of counsel), New Haven, CT, for Defendant-Appellee Housing Authority of the City of New Haven.

JOHN W. MILLS, Murphy and Karpie, LLC, Bridgeport, CT, for Defendant-Appellee John Yost.

KEITH R. AINSWORTH, Evans, Feldman & Boyer, LLC, New Haven, CT, for Defendant-Appellee John Diduca.

WILLIAM A. COLLIER, Assistant United States Attorney for the District of Connecticut, Hartford, CT (Stephen C. Robinson, United States Attorney for the District of Connecticut and Robert H. Farrell, Office of the Regional Counsel, U.S. Department of Housing and Urban Development, of counsel), for Consolidated Defendant-Appellee United States of America.

Before: STRAUB, POOLER, and SACK, Circuit Judges.


SACK, Circuit Judge:

This appeal involves two separate cases in which the plaintiffs sought redress for the same injuries—the alleged lead poisoning of Orlando Velez-Shade, Jr. and Danny Velez-Shade (the "minor plaintiffs") at two Section 81 residences in New Haven, Connecticut. In the first portion of the appeal, the minor plaintiffs, through their grandmother, plaintiff Robin Shade, challenge two orders of the United States District...

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