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DISTRICT OF COLUMBIA v. BERENTER

Nos. 23997, 24003.

466 F.2d 367 (1972)

DISTRICT OF COLUMBIA, Petitioner, v. Allen BERENTER et al., Respondents. Allen BERENTER et al., Petitioners, v. DISTRICT OF COLUMBIA, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 25, 1972.

Attorney(s) appearing for the Case

Mr. Robert E. McCally, Asst. Corp. Counsel for the District of Columbia, with whom Messrs. Hubert B. Pair, Acting Corp. Counsel at the time the brief was filed, and Henry E. Wixon, Asst. Corp. Counsel, were on the brief, for petitioner in No. 23997 and respondent in No. 24003. Mr. Charles T. Duncan, Corp. Counsel at the time the record was filed, also entered an appearance for petitioner in No. 23997 and respondent in No. 24003.

Mr. Jules Fink, Washington, D. C., for respondents in No. 23997 and petitioners in No. 24003.

Before TAMM and MacKINNON, Circuit Judges, and A. SHERMAN CHRISTENSEN, Senior District Judge for the District of Utah.

MacKINNON, Circuit Judge:

On December 30, 1968, Allen Berenter, Allen Morris, Max Leder, and David Hornstein, the General Partners of Towne Towers Associates, a limited partnership, hereinafter referred to as "Taxpayers," filed a petition in the District of Columbia Tax Court to " . . . protest a Real Estate Tax Assessment for the fiscal year 1969 made pursuant to Section 47-708, District of Columbia Code."1 The petition challenged the...

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