MOORE v. FOWINKLE

No. 74-1907.

512 F.2d 629 (1975)

Dennis MOORE, Plaintiff-Appellant, v. Eugene FOWINKLE, Commissioner, Tennessee Department of Public Health, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

March 12, 1975.


Attorney(s) appearing for the Case

Jerrold L. Becker, David M. Kirstein, Legal Clinic, University of Tennessee, Knoxville, Tenn., for plaintiff-appellant.

Milton P. Rice, Atty. Gen. of Tenn., C. Haynes Cooney, Deputy Atty. Gen., Nashville, Tenn., Charles A. Maner, Jr., County Law Director, Knoxville, Tenn., for defendants-appellees.

Before PHILLIPS, Chief Judge, ENGEL, Circuit Judge, and DUNCAN, District Judge.


PHILLIPS, Chief Judge.

This appeal involves the constitutionality of a Tennessee statute dealing with the problem of rented premises unfit for human habitation. Chapter 139, Public Acts of 1973, codified at T.C.A. §§ 53-5501 to 53-5507.

The statute applies only to tenants who pay rent of $50 per week or less. As a prerequisite to obtaining relief, the tenant must have paid to the landlord all sums due and owing and must deposit with the county court...

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