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BRAWNER BUILDING, INC. v. SHEHYN

No. 24268.

442 F.2d 847 (1971)

BRAWNER BUILDING, INC., et al. v. R. Roderick SHEHYN, Walter E. Washington, Commissioner, District of Columbia, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided February 23, 1971.

Attorney(s) appearing for the Case

Mr. David P. Sutton, Asst. Corporation Counsel for the District of Columbia, with whom Messrs. Hubert B. Pair, Acting Corporation Counsel at the time the brief was filed, and Richard W. Barton, Assistant Corporation Counsel, were on the brief, for appellants.

Mr. George H. Clark, Washington, D. C., with whom Messrs. Whayne S. Quin and Bruce S. Mencher, Washington, D. C., were on the brief, for appellees.

Messr. Stephen J. Pollak and John A. Bleveans, Washington, D. C., filed a brief on behalf of Washington Lawyers' Committee for Civil Rights Under Law, as amicus curiae, urging reversal.

Before LEVENTHAL and WILKEY, Circuit Judges, and SMITH, Chief Judge, U. S. District Court for the District of Montana.

LEVENTHAL, Circuit Judge:

This case involves the application of the Zoning Regulations of the District of Columbia to a new and important program established by the District for the rehabilitation of prisoners. The District of Columbia Department of Corrections obtained a Certificate of Occupancy from the Bureau of Licenses and Inspections on December 16, 1969, authorizing the use of a residential building leased by the District Government at 2101 N

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