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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Narcisa Lopez v. Henry Phipps Plaza South, Inc., 498 F.2d 937 (1974)

Citation
Narcisa Lopez v. Henry Phipps Plaza South, Inc., 498 F.2d 937 (1974)
Parent Document
Narcisa Lopez v. Henry Phipps Plaza South, Inc., 498 F.2d 937 (1974)
Effective Date
1974-06-18

Other Sections in This Document (71)

Full Text

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Another was that Thomas, Jr., had to be hospitalized for the gunshot wounds he suffered in the attempted burglary of December 19, 1972 and that “he has been withdrawn and may well have been very much removed from mischievous activity since that serious wound.” The third was that the younger son, Jose, had gone voluntarily to a state camp in connection with a juvenile delinquency charge following the December 1972 burglary, and that no reports of subsequent misconduct by him or by Thomas, Jr., had been brought to the court’s attention. The fourth was that a social worker had been assigned to the household “in an effort to accomplish some reform and rehabilitation.” Accordingly, he granted a temporary injunction for a period of forty-five days during which Phipps was to have “the opportunity to hold another hearing.” When Phipps declined to avail itself of that opportunity, the judge extended the injunction to run until the final determination of this action. His reasoning was that “there was a violation of due process by defendant in that the action being taken to evict plaintiff was based in large part upon obsolete facts, and defendant had taken insufficient steps to obtain and consider current information.” This appeal followed. II.