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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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The question for decision by the hearing officer was whether Phipps was entitled to serve the notice of termination when it did. This depended primarily on the conduct of the Lopez family prior to January 12, 1973, although it was. appropriate for the hearing officer also to consider subsequent conduct, whether good or bad, up to the time when the record was closed on May 2. Nothing in the papers before us indicates that the considerations urged before Judge Griesa were presented to the hearing officer either at the hearings of March 6 or May 2, by a request to reopen the record in the interval between the hearing of May 2 and the decision of July 10, or even after service of the notice of termination on July 16. Moreover, the judge in effect agreed that if these considerations had been presented as late as July, the hearing officer could properly have rejected them. What the judge did was the equivalent of granting a belated petition for rehearing, addressed not to the hearing officer but to the federal court.