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

562 F.2d 1292, 183 U.S. App. D.C. 344

Opinions

Opinion for the court per curiam.

Dissenting opinion filed by LEVEN-THAL, Circuit Judge.

JUDGMENT

This cause came on to be heard on the record on appeal from the United States District Court for the District of Columbia and was argued by counsel.

This case was tried in the District Court on the basis of a formal pretrial stipulation agreed to by all parties. See Cooperative Services, Inc. v. U.S. Dept. of Housing & Urban Development, 410 F.Supp. 865 (D.D.C. 1976). Given that stipulation, the findings and conclusions of the District Court are correct. They are hereby affirmed. Given the legislative changes since the events in suit here, however, the complete remedy ordered by the District Court is inappropriate if not impossible at this time. Under the circumstances,

It is ORDERED by this court that this case is hereby remanded to the District Court with instructions to order appellants to file with the District Court a plan which in appellants’ judgment provides an appropriate resolution of this case given the fact that the merits have been decided in favor of appellees. In preparing the plan appellants should consult with appellees in an effort to arrive at a fair and equitable result. If the plan proposed by appellants is not acceptable to the District Court, that court will order its own remedy, subject to appeal to this court in any event.

So ordered.