Max R. KARGMAN et al., Plaintiffs, Appellees,
v.
Thomas A. SULLIVAN et al., Appellants.
Bertram A. DRUKER et al., Plaintiffs, Appellees,
v.
CITY OF BOSTON et al., Appellants.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
June 15, 1977.
June 15, 1977.
Attorney(s) appearing for the Case
Thomas H. Martin, Boston, Mass., with whom Philip A. Mason and Mason & Martin, Boston, Mass., were on brief, for City of Boston and Boston Rent Board.
Brian Michael Olmstead, Boston, Mass., for Sarah Wean et al.
Robert L. Klivans, Boston, Mass., with whom Palmer & Dodge, Boston, Mass., was on brief, for James M. Kelley et al.
Mark Stern, East Boston, Mass., with whom Galvin & Stern, East Boston, Mass., was on brief, for Roberta Kraken et al.
Thomas G. Dignan, Jr., Boston, Mass., with whom R. K. Gad, III, Ropes & Gray, Robert J. Sherer, John W. Gahan, III, and Roche, Carens & DeGiacomo, Boston, Mass., were on brief, for Max Kargman et al.
William E. Hughes, Asst. U. S. Atty., Boston, Mass., with whom James N. Gabriel, U. S. Atty., Boston, Mass., was on brief, for appellee, United States of America.
Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.
United States Court of Appeals, First Circuit.
PER CURIAM.
Following the issuance of the Supreme Court's opinion in Jones v. Rath Packing Co.,430 U.S. 519, 97 S.Ct. 1305, 51 L.Ed.2d 604 (1977), only two days before our opinion was issued in this case, appellee landlords and federal intervenors petitioned for rehearing.
There is some force in petitioners' argument. The Court in Rath cited, to illustrate the standard...
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