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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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As in Lemon II, the tenants' failure to exhaust all avenues for relief pending appeal undercuts the equities of their position, and reinforces the reliance interests of the Pollin Corporation. The tenants did not seek a stay of the District Court's order disbursing the escrow account, and the funds were subsequently used to pay operating and maintenance expenses at the Pollin Project. Brief for Linda Pollin Corporation at 4; see Affidavit of Conrad N. Angel, supra. Certainly it does not offend "equity and good conscience" to withhold restitution of monies already spent on the tenants' behalf by a non-profit landlord brought into being at the urging of the Government for the advancement of the public interest in adequate housing.