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BANKS v. DALLAS HOUSING AUTHORITY

No. 00-11160.

271 F.3d 605 (2001)

Susie BANKS, etc; et al., Plaintiffs, Arlee Booth; Betty Morgan; Latavian Booth; Kimela Booth; Vontreal Booth; Freddie Morgan; Leslie Russell; Sandra Hall; Plaintiffs-Appellants, v. DALLAS HOUSING AUTHORITY; et al., Defendants, Challenge Properties; Alfred D. Hughes Corp.; Alfred D. Hughes, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 24, 2001.

Attorney(s) appearing for the Case

Michael M. Daniel (argued), Laura Beth Beshara, Dallas, TX, for Plaintiffs-Appellants.

Randy Alan Nelson, Wade Crosnoe, Thompson, Coe, Cousins & Irons, Dallas, TX, Elizabeth Martha Jan Marsh (argued), Thompson, Coe, Cousins & Irons, Austin, TX, for Defendants-Appellees.

Before JONES, SMITH and DeMOSS, Circuit Judges.

EDITH H. JONES, Circuit Judge:

At issue in this case is whether a class of black tenants of a Dallas, Texas housing project may sue its HUD-subsidized private owners for violations of Section 8 of the Housing Act of 1937, 42 U.S.C. § 1437f(e) (since repealed). We agree with the magistrate judge's conclusion that there is no implied private right of action under § 1437f(e) and that violations of § 1437f(e) are not actionable under 42 U.S.C. § 1983...

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