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RICHMOND TENANTS ORGANIZATION, INC. v. KEMP

No. 91-1520.

956 F.2d 1300 (1992)

RICHMOND TENANTS ORGANIZATION, INCORPORATED; Teresa W. Hopson; Mamie E. Robinson; Shirley Washington; Resident Advisory Board of Housing Authority of Baltimore; Elizabeth Wright; National Tenants Organization, Plaintiffs-Appellees, v. Jack KEMP, Secretary of Housing and Urban Development; Attorney General of the United States; United States Department of Justice, Defendants-Appellants, and Richmond Redevelopment and Housing Authority, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided March 2, 1992.

Attorney(s) appearing for the Case

Robert V. Zener, Appellate Litigation Counsel, Civil Div., U.S. Dept. of Justice, Washington, D.C., argued (Stuart M. Gerson, Asst. Atty. Gen., Civil Div., U.S. Dept. of Justice, Washington, D.C., Kenneth E. Melson, U.S. Atty., Richmond, Va., on brief), for defendants-appellants.

Anne Holton, Central Virginia Legal Aid Society, Inc., Richmond, Va., argued (Henry W. McLaughlin, III, Central Virginia Legal Aid Society, Inc., Richmond, Va., Florence Wagman Roisman, National Housing Law Project, Washington, D.C., David B. Bryson, National Housing Law Project, Berkeley, Cal., Stuart R. Cohen, Barbara A. Samuels, Legal Aid Bureau, Inc., Baltimore, Md., on brief), for plaintiffs-appellees.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and HARVEY, Senior District Judge for the District of Maryland, sitting by designation.

OPINION

ALEXANDER HARVEY, II, Senior District Judge:

This is an appeal from a final order of the United States District Court for the Eastern District of Virginia. 753 F.Supp. 607. In ruling on cross-motions for summary judgment, the district court granted plaintiffs' motion for summary judgment, and held that the governmental eviction of a public housing tenant without prior...

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