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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Ernest Brown v. Philadelphia Housing Authority, 350 F.3d 338 (2003)

Citation
Ernest Brown v. Philadelphia Housing Authority, 350 F.3d 338 (2003)
Parent Document
Ernest Brown v. Philadelphia Housing Authority, 350 F.3d 338 (2003)
Effective Date
2003-11-19

Other Sections in This Document (58)

Full Text

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In this action brought by appellant Philadelphia Housing Authority and others (collectively "PHA") to vacate the June 14, 1974 Consent Decree, appellees Ernest and Eunice Brown and others (hereinafter "the Browns") argue through their counsel that a class was certified "by implication" when the Consent Decree was entered. They claim that there were subsequent modifications to that Decree and no objections were raised by PHA during any of the intervening years. The Browns contend that PHA always treated the action as a de facto class action. They therefore argue that PHA has waived any mootness defense.