United States v. Youritan Construction Company, a Corporation

The defendants appeal from a judgment enjoining them from violating, and requiring certain actions to ensure their complaince with, the Fair Housing Act of 1968, 42 U.S.C. §§ 3601-3631 . The trial judge’s findings of fact, conclusions of law, and judgment are reported in United States v. Youritan Construction Co., N.D.Cal., 1973, 370 F.Supp. 643 .

Appellants mount a broadside attack on the trial court’s findings, conclusions and judgment, but we find no sufficient substance in any of them, with one exception, to require a reversal. The attack on the findings is largely based on conflicting evidence, and conflicting inferences that can be drawn from the evidence. We find no clear error in the judge’s resolutions of these conflicts. Assuming that, as appellants argue, certain evidence was erroneously admitted, we are convinced that its exclusion would not have affected the result. We therefore affirm the judgment for the reasons stated by the trial judge, except in one respect.

The action was filed pursuant to 42 U.S.C. § 3613 to enforce the Fair Housing Act. There is not one word in the complaint charging violation of Title VII of the Civil Rights Act of 1964 ( Pub.L.…