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WALKER v. CITY OF MESQUITE, TX

No. 04-10946.

402 F.3d 532 (2005)

Debra WALKER; et al., Defendants, Debra Walker; Jeanette Washington; Hazel Williams; Zelma Lang; Renita Brown; Lillie Thompson, Plaintiffs-Appellees, Tracey Smith, Intervenor Plaintiff-Appellee, v. CITY OF MESQUITE, TX; et al., Defendants, v. Highlands of McKamy IV and V Community Improvement Association; Ginger Lee; Preston Highlands Homeowners' Association Inc.; David Beer, Appellants. Highlands of McKamy IV and V Community Improvement Association; Ginger Lee; Preston Highlands Homeowners' Association Inc.; David Beer, Plaintiffs-Appellants, v. Housing Authority of the City of Dallas, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 4, 2005.

Attorney(s) appearing for the Case

Michael P. Lynn (argued), Eric Wolf Pinker, Russell James DePalma, Lynn, Tillotson & Pinker, Dallas, TX, for Plaintiffs-Appellants.

Michael M. Daniel (argued), Laura Beth Beshara, Dallas, TX, for Plaintiffs-Appellees and Intervenor Plaintiff-Appellee.

P. Michael Jung (argued), Strasburger & Price, Dallas, TX, Jeffrey Alan Carter, McKool Smith, Austin, TX, for Defendant-Appellee.

Before HIGGINBOTHAM, SMITH and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

This case concerns a lawsuit filed by Appellants, residents of a neighborhood in Dallas, Texas, against the Dallas Housing Authority ("DHA"), Appellee, to enjoin it from constructing public housing in their community. The residents allege that DHA's decision to build on this particular property ("the Hillcrest Site") violates their Fourteenth Amendment equal protection rights. The district court found no constitutional violation and permitted...

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