Charles and Charlene Baker v. F & F Investment Company, Federal Housing Administration

CUMMINGS, Circuit Judge.

In their complaint, the Negro plaintiffs alleged that they were charged excessive and discriminatory prices for their homes. Their suit was based on asserted violations of the Fifth, Thirteenth and Fourteenth Amendments and the Civil Rights Acts (42 U.S.C. §§ 1981, 1982, 1983 and 1985(3)). In view of District of Columbia v. Carter, 409 U.S. 418, 93 S.Ct. 602, 34 L.Ed.2d 613, plaintiffs no longer rely on the Fourteenth Amendment or 42 U.S.C. § 1983. Jurisdiction was predicated on 28 U.S. C. § 1343(4). The pertinent provisions are reproduced in the Appendix hereto. The…