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SMITH v. PACIFIC PROPERTIES AND DEVELOPMENT CORP.

No. 03-15656.

358 F.3d 1097 (2004)

Ronald Ray SMITH, Plaintiff, and Disabled Rights Action Committee, a Utah non-profit corporation, Plaintiff-Appellant, v. PACIFIC PROPERTIES AND DEVELOPMENT CORPORATION, a Nevada corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 26, 2004.

Attorney(s) appearing for the Case

Richard F. Armknecht, Armknecht & Cowdell, Lindon, Utah, for Plaintiff-Appellant Disabled Rights Action Committee.

Glenn F. Meier, Howard, Meier & Fine, Kolesar & Leatham, Las Vegas, Nevada, for Defendant-Appellee.

Before: MICHAEL DALY HAWKINS, RICHARD A. PAEZ, and MARSHA S. BERZON, Circuit Judges.

Argued and Submitted December 5, 2003 — San Francisco, California.

Opinion by Judge Hawkins

OPINION

MICHAEL DALY HAWKINS, Circuit Judge.

In a case of first impression, we must decide whether a disabled person seeking to enforce rights created by § 3604(f)(2) of the Fair Housing Amendments Act ("FHAA"), Pub.L. No. 100-430, 102 Stat. 1619 (codified as amended at 42 U.S.C. §§ 3601-3619, 3631 (1988)), must have...

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