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PERRY v. HOUSING AUTH. OF CITY OF CHARLESTON

Civ. A. No. 78-1646.

486 F.Supp. 498 (1980)

Geraldine PERRY, Anna Gibbs, Sarah Mack, and Vera Deli Guest, Individually and on behalf of all others similarly situated, Plaintiffs, v. The HOUSING AUTHORITY OF the CITY OF CHARLESTON, a corporate body politic, W. F. Stack, Individually and in his official capacity as Executive Director of the Housing Authority of the City of Charleston; and Jack C. Muller, Wilmot J. Fraser, Viola M. Smalls, Max Kirshstein, Raymond P. McClain, James J. French and Larry James, Individually and in their official capacity as members of the Housing Authority of the City of Charleston, Defendants.

United States District Court, D. South Carolina, Charleston Division.

February 18, 1980.

Attorney(s) appearing for the Case

Josef Kirk Myers, Charleston, S. C., for plaintiffs.

Robert N. Rosen, J. C. Hare, Stephen T. Schachte, William B. Regan, Charleston, S. C., for defendants.

ORDER ON MOTION TO DISMISS

HEMPHILL, Chief Judge.

Before the court is defendants' Rule 12 motions to dismiss for lack of jurisdiction and failure to state a claim for which relief can be granted. Plaintiffs in the lawsuit are tenants of a Charleston public housing project, who seek injunctive and legal relief from indecent housing. The question at issue is whether they may sue in federal court.

Plaintiff, and her alleged class, are tenants of the...

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