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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 concept of due process inevitably entails some delay between the conduct claimed by the landlord to warrant termination of a tenancy and the decision whether termination is justified. But due process cannot demand that the running of time required to give a fair hearing and prepare a reasoned decision should also entail the right to a rehearing on the basis of subsequent developments not presented to the hearing officer. The classic statement is Mr. Justice Jackson’s in ICC v. City of Jersey City, 322 U.S. 503, 514-515, 64 S.Ct. 1129, 1135, 88 L.Ed. 1420 (1944):