Thorpe v. Housing Authority of Durham, 393 U.S. 268 (1969)

Citation: Thorpe v. Housing Authority of Durham, 393 U.S. 268 (1969)
Parent Document: Thorpe v. Housing Authority of Durham, 393 U.S. 268 (1969)
Jurisdiction: United States (federal)
Effective Date: 1969-02-24
Original Source: https://www.courtlistener.com/opinion/107814/thorpe-v-housing-authority-of-durham/ ↗

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The Housing Authority also urges that petitioner’s eviction should be upheld on the theory relied upon by the Supreme Court of North Carolina: the circular does not apply to eviction proceedings commenced prior to its issuance. The general rule, however, is that an appellate court must apply the law in effect at the time it renders its decision.38 Since the law we are concerned with in this case is embodied in a federal administrative regulation, the applicability of this general rule is necessarily *282governed by federal law. Chief Justice Marshall explained the rule over 150 years ago as follows:

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