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WOODS v. KRIZAN

No. 13901.

176 F.2d 667 (1949)

WOODS, Housing Expediter, v. KRIZAN et al.

United States Court of Appeals Eighth Circuit.

August 11, 1949.

Attorney(s) appearing for the Case

William A. Moran, Special Litigation Attorney, Office of Housing Expediter, Washington, D. C. (Ed Dupree, General Counsel, Hugo V. Prucha, Assistant General Counsel, and Louise McCarthy, Special Litigation Attorney, Office of Housing Expediter, Washington, D. C. with him on the brief) for appellant.

Theodor Herman, Minneapolis, Minn. (George Beaverson and Sheldon J. Gensler, Minneapolis, Minn., with him on the brief) for appellees.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.

JOHNSEN, Circuit Judge.

Would the acquiring and operating of an apartment building, of 21 dwelling units, by a group of 21 individuals, for their own occupancy, under a tenancy in common, necessarily involve such an inherent cooperative undertaking and organization as would make the situation subject to the proviso of 62 Stat. 93, ch. 161, § 204(a), 50 U.S.C.A.Appendix § 1899(a) (2), of the Housing and Rent Act of 1948, "That in the case of housing accommodations...

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