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DARBY v. CISNEROS

No. 91-2045.

509 U.S. 137 (1993)

113 S.Ct. 2539

125 L.Ed.2d 113

DARBY et al. v. CISNEROS, SECRETARY OF HOUSING AND URBAN DEVELOPMENT, et al.

Supreme Court of United States.

Decided June 21, 1993.

Attorney(s) appearing for the Case

Steven D. Gordon argued the cause for petitioners. With him on the briefs was Michael H. Ditton.

James A. Feldman argued the cause for respondents. With him on the brief were Acting Solicitor General Bryson, Assistant Attorney General Gerson, Deputy Solicitor General Mahoney, and Anthony J. Steinmeyer.

Blackmun, J., delivered the opinion for a unanimous Court with respect to Parts I, II, and IV, and the opinion of the Court with respect to Part III, in which White, Stevens, O'Connor, Kennedy, and Souter, JJ., joined.

Justice Blackmun delivered the opinion of the Court.*

This case presents the question whether federal courts have the authority to require that a plaintiff exhaust available administrative remedies before seeking judicial review under the Administrative Procedure Act (APA), 5 U. S. C. § 701 et seq., where neither the statute nor agency rules specifically mandate exhaustion as a prerequisite to judicial review. At issue is the...

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