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REGIONAL ECONOMIC COMMUNITY v. CITY OF MIDDLETOWN

Docket Nos. 00-6318, 00-6354.

281 F.3d 333 (2002)

REGIONAL ECONOMIC COMMUNITY ACTION PROGRAM, INC., Plaintiff-Appellant, and UNITED STATES of America, Intervenor-Plaintiff-Appellant, v. CITY OF MIDDLETOWN, City of Middletown Planning Board, and Joseph DeStefano, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 5, 2002.

Attorney(s) appearing for the Case

Leslie A. Lupert, Orans, Elsen & Lupert, LLP (Simeon Goldman, Disability Advocates, Inc., of counsel), New York, NY, for Plaintiff-Appellant.

Jeffrey Oestericher, Assistant United States Attorney for the Southern District of New York (Mary Jo White, United States Attorney, and Neil M. Corwin and Sara L. Shudofsky, Assistant United States Attorneys, of counsel), for Intervenor-Plaintiff-Appellant.

Alex Smith (Robert N. Isseks, of counsel), Middletown, NY, for Defendants-Appellees.

Before: KEARSE, STRAUB and SACK, Circuit Judges.

SACK, Circuit Judge.

The plaintiff, Regional Economic Community Action Program, Inc. ("RECAP"), and the intervenor-plaintiff, the United States of America, brought this action under the Fair Housing Act, 42 U.S.C. § 3601 et seq. ("FHA"), the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. ("ADA"), and the Rehabilitation Act, 29 U.S.C. § 701 et seq. They alleged that the defendants...

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