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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Elizabeth Marshall v. James Lynn, Individually and in His Capacity as Secretary of Housing and Urban Development, 497 F.2d 643 (1973)

Citation
Elizabeth Marshall v. James Lynn, Individually and in His Capacity as Secretary of Housing and Urban Development, 497 F.2d 643 (1973)
Parent Document
Elizabeth Marshall v. James Lynn, Individually and in His Capacity as Secretary of Housing and Urban Development, 497 F.2d 643 (1973)
Effective Date
1973-12-20

Other Sections in This Document (49)

Full Text

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rejected a due process claim on the ground that the Government did not increase the rent but merely approved the increase and that the requisite Government involvement for due process guarantees was lacking. Although we do not decide the constitutional question today, we are skeptical that the distinction on which the Second Circuit relies is very helpful. In many forms of government regulation, the regulated party makes proposals to which the regulating agency responds, and yet due process guarantees have always been thought applicable. The division of labor between the regulator and the regulated — between sua sponte