Cooperative Services, Inc. v. U.S. Department of Housing and Urban Development

The facts of this case are set forth at length in both the opinion of the District Court, see Cooperative Services, Inc. v. U.S. Dept. of Housing & Urban Development, 410 F.Supp. 865 (D. D.C. 1976), and the dissent, see dissenting op. 183 U.S.App.D.C. at---, 562 F.2d at 1296-1297, and we will not rehearse them here.

This case was tried under a pretrial stipulation entered pursuant to Rule 16, Fed.R.Civ.P. Such stipulations may be modified only “to prevent manifest injustice” and no such showing of injustice has been offered or made here. Id. The stipulation sought a determination by the…