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PALO ALTO TENANTS' UNION v. MORGAN

No. 71-1656.

487 F.2d 883 (1973)

PALO ALTO TENANTS' UNION, an unincorporated association, et al., Plaintiffs-Appellants, v. George MORGAN et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

November 13, 1973.

Attorney(s) appearing for the Case

Norton Tooby (argued), Romines, Wolpman, Tooby, Eichner, Sorensen & Constantinides, Menlo Park, Cal., Legal Aid Society of San Mateo County, Redwood City, Cal., American Civil Liberties Union, San Francisco, Cal., for plaintiffs-appellants.

Peter G. Stone, City Atty., Robert K. Booth, Jr., Senior Asst. City Atty. (argued), Palo Alto, Cal., for defendants-appellees.

Before MERRILL and BROWNING, Circuit Judges, and ANDERSON, District Judge.

PER CURIAM:

Plaintiffs-appellants have brought this action under the civil rights and declaratory judgment statutes, 42 U.S.C. § 1983, 28 U.S.C. §§ 2201, 2202. They challenge as unconstitutional certain zoning laws of the City of Palo Alto, Municipal Code §§ 18.04.210 and 18.88.050, defining "R-1" or "single family residential" neighborhoods. Section 18.04.210 defines "family" to mean "one person living alone or two or more persons related...

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