Legal Opinion · Concurring in part, dissenting in part

Knox Hill Tenant Council v. Walter E. Washington, Individually and as Commissioner of the District of Columbia

Court of Appeals for the D.C. Circuit

Decided February 4, 1971No. 22781Published

1Concurring in part, dissenting in partMacKINNON, Circuit Judge

The opinion for the court concludes (1) that the doctrine of sovereign immunity does not stand as a bar to the exercise of jurisdiction in this case, and (2) that the complaint states a claim for which judicial relief may be granted. I respectfully dissent from this latter conclusion insofar as it upholds the attempt to obtain judicial review of the maintenance and repair policies and practices of NCHA.

As to the contention that the doctrine of sovereign immunity, as a blanket matter, precludes the exercise of jurisdiction in this case, it may be noted at the outset that the judicially…

2Cases cited26 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  3. Dandridge v. WilliamsSupreme Court of the United States · 1970
  4. Larson v. Domestic and Foreign Commerce Corp.Supreme Court of the United States · 1949
  5. Rosado v. WymanSupreme Court of the United States · 1970

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