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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Reverend Chester C. Thompson, Individually and on Behalf of All Others Similarly Situated v. Walter E. Washington, Individually and as Commissioner of the District of Columbia and as "The Authority" of the National Capitol Housing Authority Under Executive Order Elizabeth Marshall v. Patricia Roberts Harris, Individually and in Her Capacity as Secretary of Housing and Urban Development, 551 F.2d 1316 (1977)

Citation
Reverend Chester C. Thompson, Individually and on Behalf of All Others Similarly Situated v. Walter E. Washington, Individually and as Commissioner of the District of Columbia and as "The Authority" of the National Capitol Housing Authority Under Executive Order Elizabeth Marshall v. Patricia Roberts Harris, Individually and in Her Capacity as Secretary of Housing and Urban Development, 551 F.2d 1316 (1977)
Parent Document
Reverend Chester C. Thompson, Individually and on Behalf of All Others Similarly Situated v. Walter E. Washington, Individually and as Commissioner of the District of Columbia and as "The Authority" of the National Capitol Housing Authority Under Executive Order Elizabeth Marshall v. Patricia Roberts Harris, Individually and in Her Capacity as Secretary of Housing and Urban Development, 551 F.2d 1316 (1977)
Effective Date
1977-02-15

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The complaint in Marshall was filed on July 30, 1970, on behalf of a class defined as all tenants of the Linda Pollin Memorial Housing Project, to enjoin implementation of a rent increase otherwise scheduled to go into effect on August 1, 1970.2 The District Court did not prevent the increase in rents from being collected, but did grant the tenants a temporary restraining order and preliminary injunction which required that the amount of the increase be placed in an interest-bearing escrow account. However, on July 15, 1971 the District Court, relying heavily on this court's decision in McKinney v. Washington, supra, granted summary judgment in favor of the defendants, and several days thereafter ordered that the funds in the escrow account be disbursed to the non-profit owner. The tenants appealed the grant of summary judgment, but did not seek a stay of the District Court's order, nor an injunction during the pendency of the appeal, to preserve the escrow account previously established.