352 U.S. 977 (1957), 599, Federal Housing Administration v. Darlington, Inc

Docket Nº:No. 599.
Citation:352 U.S. 977, 77 S.Ct. 381, 1 L.Ed.2d 363
Party Name:FEDERAL HOUSING ADMINISTRATION, appellant, v. THE DARLINGTON, INC.
Case Date:January 21, 1957
Court:United States Supreme Court
 
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Page 977

352 U.S. 977 (1957)

77 S.Ct. 381, 1 L.Ed.2d 363

FEDERAL HOUSING ADMINISTRATION, appellant,

v.

THE DARLINGTON, INC.

No. 599.

United States Supreme Court.

January 21, 1957

Appeal from the United States District Court for the Eastern District of South Carolina.

Facts and opinion, D.C., 134 F.Supp. 337; D.C., 142 F.Supp. 341.

COUNSEL

Solicitor Gneral Rankin, Assistant Attorney General Doub, Messrs. Melvin Richter and Herman Marcuse, for appellant.

OPINION

PER CURIAM.

Probable jurisdiction is noted. In view of the refusal of the appellant to approve rental schedules for furnished apartments in appellee's apartment project unless appellee agrees not to rent apartments for periods of less than 30 days, a cause of action for injunctive relief is stated. An injunction restraining enforcement of an Act of Congress for repugnance to the Constitution cannot, however, be granted by any District Court unless the application is heard and determined by a three-judge District Court, 28 U.S.C. § 2282, 28 U.S.C.A. § 2282. The judgment is

Page 978

therefore reversed...

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