# Yvonne C. Edwards v. Nathan Habib

> Court of Appeals for the D.C. Circuit · July 11, 1968 · 397 F.2d 687

URL: https://www.frixlaw.com/law-library/cases/9453796

## Case

- **Full name:** Yvonne C. EDWARDS, Appellant, v. Nathan HABIB, Appellee
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** July 11, 1968
- **Citations:** 397 F.2d 687
- **Precedential status:** Published
- **Opinion:** Concurrence by McGOWAN
- **Judges:** Danaher, Wright, McGowan
- **Cited by:** 125 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9453796

## Opinion text

McGOWAN, Circuit Judge
(concurring except as to Parts I and II):
The considerations bearing upon statutory construction, so impressively marshalled by Judge Wright in Part III of his opinion, have made it unnecessary for me to pursue in any degree the constitutional speculations contained in Parts I and II; and it is for this reason that I do not join in them. The issue of statutory construction presented in this case has never seemed to me to be a difficult one, nor to require for its resolution the spur of avoidance of constitutional questions. A Congress which authorizes housing code promulgation and enforcement clearly cannot be taken to have excluded retaliatory eviction of the kind here alleged as a defense under
a routine statutory eviction mechanism also provided by Congress.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9453796. Public record. Not legal advice.