Ceola Cooks v. Roland A. Fowler, T/a J. Edward Fowler and Son, 437 F.2d 669 (1971)

Citation: Ceola Cooks v. Roland A. Fowler, T/a J. Edward Fowler and Son, 437 F.2d 669 (1971)
Parent Document: Ceola Cooks v. Roland A. Fowler, T/a J. Edward Fowler and Son, 437 F.2d 669 (1971)
Jurisdiction: United States (federal)
Effective Date: 1971-01-12
Original Source: https://www.courtlistener.com/opinion/294553/ceola-cooks-v-roland-a-fowler-ta... ↗

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Wirtz v. Powell Knitting Mills Co., 360 F.2d 730 (2d Cir. 1966). But whether they could or not, it is certain that eviction would disrupt, perhaps for a substantial period, an ongoing occupancy upon which the tenant insists as a matter of continuing right. Furthermore, when the situation is viewed realistically, one could hardly vouch for the likelihood that the occupancy will be resumed even in the event of an ultimate merits victory for the tenant. Sui’ely where, as here, a jury has found substantial housing violations and the landlord avowedly will remove the leased property from the housing market, “[ajppellate review of the order” requiring rent deposits “would be an empty rite after” eviction “and the restoration of” possession is “only theoretically possible.” Swift & Co. Packers v. Compania Colombiana Del Caribe, 339 U.S. 684, 689, 70 S.Ct. 861, 865, 94 L.Ed. 1206 (1950). 8

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