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In re Application of William Jones

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT


February 10, 1975

IN THE MATTER OF THE APPLICATION OF: WILLIAM JONES, CLARENCE BRRIS, MARY HOBBS, ROBERT CURRY, MRS. EVELYN BROWN, THOMAS HOLMES, MRS. EPPIE JOHNSON, WILLIAM HARRIS, MRS. ALBERTHA JOHNSON, MRS. ROSE WILLIS, MRS. SHARA BROWN, WILLIAM DORY, MRS. ELLA HARRIS, GEORGE ROSTKY AND GREAT NECK MANOR CIVIC ASSOCIATION, AND ALL OTHERS SIMILARLY SITUATED, PETITIONERS-APPELLANTS,
v.
ROBERT C. MEADE, JAMES R. WELLS, MICHAEL J. TULLY, JR., GEORGE C. SOOS, FELIX G. ANDREWS, JOHN F. MCDONALD, ARTHUR G. BINGHAM, WILLIAM H. RYAN, JR., TOWN OF NORTH HEMPSTEAD, FIRST RESPONDENTS-APPELLEES, HECTOR H. GAYLE, EXECUTIVE DIRECTOR, BERNARD GARTLER, CHAIRMAN, JOSEPH CECI, DR. CURTIS KENDRICK, LOCAL URBAN RENEWAL PLANNERS, SECOND RESPONDENTS-APPELLEES, JOHN MAYLOTT AND GERALD B. CRUISE, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THIRD RESPONDENTS-APPELLEES.

Appeal from order of judgment by the United States District Court for the Eastern District of New York, John R. Bartels, Judge, dismissing complaint in class action against town, local urban renewal agency and Department of Housing and Urban Development to enjoin construction of housing project. Held, the district court's determination that HUD did not abuse its discretion in selecting site for construction of law and moderate income housing project in predominantly black area within town is affirmed. Judgment affirmed.

Before: SMITH, OAKES and TIMBERS, Circuit Judges.

Per Curiam:

The order of the district court is affirmed for the reasons set forth in Judge John R. Bartels' opinion, 378 F. Supp. 286 (E.D.N.Y. 1974).

19750210

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