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DEMOCRATIC CENT. COMMITTEE v. WASHINGTON M.A.T.C.

Nos. 21865, 24398, 24415 and 24428.

21 F.3d 1145 (1994)

DEMOCRATIC CENTRAL COMMITTEE OF the DISTRICT OF COLUMBIA, et al., Petitioners, v. The WASHINGTON METROPOLITAN AREA TRANSIT COMMISSION, Respondent, D.C. Transit System, Inc., Intervenor (Brookland Garage). ON NOTICE OF INTENT TO TURN OVER POSSESSION OF BROOKLAND GARAGE PROPERTY.

United States Court of Appeals, District of Columbia Circuit.

Decided April 26, 1994.

Attorney(s) appearing for the Case

Eric Rome, for intervenor D.C. Transit System, Inc.

Morris Kletzkin and Seth B. Shapiro, for Claire Chalk, Trustee and O. Roy Chalk.

David F. Williams, William J. Natbony, and Wendell V. Hall, for intervenor Cadwalader, Wickersham & Taft.

Leonard N. Bebchick, for Security Trust Co., N.A.

Gilbert Hahn, Jr. and Tanja H. Castro, for the Black United Front, et al., petitioners in No. 24428.

Landon G. Dowdey, for the Democratic Cent. Committee of the District of Columbia, et al., petitioners in Nos. 21865 and 24398.

Before: BUCKLEY and RANDOLPH, Circuit Judges, and MacKINNON, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge MacKINNON.

MacKINNON, Senior Circuit Judge:

The principal issue in this case arises under a deed of trust dated January 25, 1991, on the Brookland Garage property in the District of Columbia: D.C. Transit System, Inc. (Transit), mortgagor, and O. Roy Chalk, mortgagee. It presents the issue: when the mortgagor defaults in making payments on the mortgage, whether the mortgagee's mere

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