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MAYORAL v. JEFFCO AMER. BAPT. RES.

Nos. 81-2108, 81-2167.

726 F.2d 1361 (1984)

Eulalia MAYORAL, Dorothy Robertson, Irene Carlson, Frances Pryor, Betty Swetlic, and Edwin Swetlic, Plaintiffs-Appellees, v. The JEFFCO AMERICAN BAPTIST RESIDENCES, INC., a Colorado corporation; the Baptist Home Association of the Rocky Mountains, A Colorado corporation; the United States Department of Housing and Urban Development; Samuel R. Pierce, Jr., Secretary, United States Department of Housing and Urban Development; and Gerald Hannon, Acting Regional Administrator, United States Department of Housing and Urban Development, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

As Amended April 9, 1984.

Attorney(s) appearing for the Case

T. Edward Icenogle, Denver, Colo. (Mark C. Foster, Denver, Colo., with him on the brief), of Calkins, Kramer, Grimshaw & Harring, Denver, Colo., for defendants-appellants The Jeffco American Baptist Residences, Inc., and The Baptist Home Ass'n of the Rocky Mountains.

Bruce G. Forrest, Atty., Appellate Staff, Civil Division, Dept. of Justice, Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., Robert N. Miller, U.S. Atty., Denver, Colo., and Anthony J. Steinmeyer, Atty., Appellate Staff, Civil Division, Dept. of Justice, Washington, D.C., and of counsel: Gershon M. Ratner, Associate Gen. Counsel for Litigation; Howard M. Schmeltzer and John Herold, Dept. of Housing and Urban Development, Washington, D.C., with him on the brief), for defendants-appellants The United States Dept. of Housing and Urban Development.

Manuel A. Ramos, Legal Aid Society of Metropolitan Denver, Denver, Colo., for plaintiffs-appellees.

Before SETH, Chief Judge, and BREITENSTEIN and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

Plaintiffs-appellees are low-income, elderly tenants of Eaton Terrace Residences, a Jefferson County, Colorado housing project constructed as part of the Section 8 New Construction Housing Program, 42 U.S.C. § 1437f. Defendants-appellants include Jeffco American Baptist Residences, a non-profit, church-affiliated organization that owns Eaton Terrace, and Baptist Home Association of the Rocky Mountains, the corporation that manages Eaton...

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