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CLEVELAND v. CAPLAW ENTERPRISES

Docket No. 05-4643-CV.

448 F.3d 518 (2006)

Brandon CLEVELAND and Isiah Jackson, Plaintiffs-Appellants, v. CAPLAW ENTERPRISES, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: May 15, 2006.

Attorney(s) appearing for the Case

Laurie M. Lambrix, Monroe County Legal Assistance Center, Rochester, N.Y., for Plaintiff-Appellant Brandon Cleveland.

Mary Beth Feindt, Rochester, N.Y., for Plaintiff-Appellant Isiah Jackson.

David Rothenberg, Geiger and Rothenberg, LLP, Rochester, N.Y., for Defendant-Appellee Caplaw Enterprises.

Before: McLAUGHLIN and JACOBS, Circuit Judges.

McLAUGHLIN, Circuit Judge.

Brandon Cleveland and Isiah Jackson, both African-Americans, sued Caplaw Enterprises in the United States District Court for the Western District of New York (Siragusa, J.). While they did not charge Caplaw with discrimination, they sought to hold it vicariously liable for the allegedly discriminatory renting of an apartment by Caplaw's brokers. The district court dismissed the complaint on the pleadings prior to discovery. Because...

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