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MITCHELL v. CELLONE

No. 04-1063.

389 F.3d 86 (2004)

Kimberly MITCHELL; Kenneth Mitchell Appellants v. Pat CELLONE; P & R Properties, Inc.; P & R Properties, LP.

United States Court of Appeals, Third Circuit.

Filed November 1, 2004.

Attorney(s) appearing for the Case

James Q. Harty, (Argued), DKW Law Group, Pittsburgh, for Appellants.

Robert E. Durrant, (Argued), Campbell, Durrant & Beatty, Pittsburgh, for Appellees.

Before SLOVITER, VAN ANTWERPEN, and COWEN, Circuit Judges.

OPINION

VAN ANTWERPEN, Circuit Judge.

This case presents a question that has not previously been answered in this Circuit concerning the Fair Housing Act. Should a couple alleging racial discrimination in housing be allowed to initiate a private lawsuit in federal court, if they have previously filed an administrative complaint under the Fair Housing Act that has resulted in a state agency bringing a state court action against the alleged discriminator?...

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