Paul J. Trafficante v. Metropolitan Life Insurance Company

This is an appeal from an order dismissing an action under Title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. § 3601 et seq.) and 42 U.S.C. § 1982 by tenants of a large apartment complex challenging allegedly racially discriminatory practices of their landlord.

On August 18, 1970 plaintiffs-appellants, Paul J. Trafficante, a Caucasian, and Dorothy M. Carr, a Negro, filed a complaint alleging that defendant-appel-lee, Metropolitan Life Insurance Company, the owner of the Parkmerced Apartment complex, was engaging in racially discriminatory practices in the rental of apartments, and seeking injunctive relief, actual and punitive damages, costs and attorney fees. On October 13, 1970 a complaint in intervention was filed by four other residents of the Parkmerced complex and an unincorporated association of its residents.

On December 21, 1970 Metropolitan sold the Parkmerced property to the Parkmerced Corporation which took the property with notice of the pending litigation. Parkmerced Corporation was ordered joined as a party defendant under Rule 25, F.R.Civ.P.

In dismissing the action the district court noted that the plaintiffs have not alleged, “nor can they, that they…