David Leon Brooks, et al. James Lewis Brown, Jr., Appellant, v. Sharon Pratt Kelly, Mayor, 957 F.2d 911 (D.C. Cir. 1992)

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U.S. Court of Appeals for the District of Columbia Circuit - 957 F.2d 911 (D.C. Cir. 1992) Feb. 28, 1992


BEFORE: MIKVA, Chief Judge, and RUTH BADER GINSBURG and D.H. GINSBURG, Circuit Judges.



Upon consideration of appellees' motion for summary affirmance and appellant's motion for summary reversal, it is

ORDERED that the motion for summary affirmance be granted substantially for the reasons stated by the district court in its memorandum opinion filed September 28, 1990. See Whitley v. Albers, 475 U.S. 312, 320 (1986); Martin v. Malhoyt, 830 F.2d 237, 253-54 (D.C. Cir. 1987). The merits of the parties' positions are so clear as to justify summary action. See Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987); Walker v. Washington, 627 F.2d 541, 545 (D.C. Cir.) (per curiam), cert. denied, 449 U.S. 994 (1980). It is

FURTHER ORDERED that the motion for summary reversal be denied.

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 15.