Legal Opinion · Concurrence

Drg Funding Corporation v. Secretary of Housing and Urban Development

Court of Appeals for the D.C. Circuit

Decided February 20, 1996No. 94-5150Published

1ConcurrenceStephen F. Williams, Circuit Judge

In its action in the district court, DRG sought both review of HUD’s refusal to dismiss its “administrative offset” proceedings against DRG, and mandamus to enforce DRG’s previously acquired final judgment against HUD. If the statutory authority on which DRG relied were apt, circuit precedent would entitle DRG to mandamus to enforce its judgment, regardless of whether the administrative proceeding had reached a final decision or not. Hines v. United States, 105 F.2d 85 (D.C.Cir.1939) (applying 31 U.S.C. § 227, the predecessor of 31 U.S.C. § 3728). Because the statute is inapplicable, however,…

2Cases cited16 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Crandon v. United StatesSupreme Court of the United States · 1990
  3. Adams Fruit Co. v. BarrettSupreme Court of the United States · 1990
  4. Women's Equity Action League v. Lauro F. Cavazos, Secretary of EducationCourt of Appeals for the D.C. Circuit · 1990
  5. United States of America, Libelant-Appellant v. Eastport Steamship CorporationCourt of Appeals for the Second Circuit · 1958

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