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U.S. v. UNIVERSITY OF NEBRASKA AT KEARNEY

No. 4:11-CV-3209.

940 F.Supp.2d 974 (2013)

UNITED STATES of America, Plaintiff, v. UNIVERSITY OF NEBRASKA AT KEARNEY, et al., Defendants.

United States District Court, D. Nebraska.

April 19, 2013.

Attorney(s) appearing for the Case

Colleen M. Melody, Mary J. Hahn, Washington, DC, Laurie A. Kelly, U.S. Attorney's Office, Omaha, NE, for Plaintiff.

Alison A. Basye, University of Nebraska, Lincoln, Anthony D. Todero, Scott P. Moore, Baird, Holm Law Firm, Omaha, NE, for Defendants.

MEMORANDUM AND ORDER

JOHN M. GERRARD, District Judge.

The Fair Housing Act, 42 U.S.C. § 3601 et seq. (FHA), generally makes it unlawful to deny a "dwelling" to a person based on the person's handicap. See 42 U.S.C. § 3604(f). The question presented is whether student housing at the University of Nebraska-Kearney (UNK) is a "dwelling" within the meaning of the FHA. The Court concludes that it is, making the antidiscrimination provisions...

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