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59 F.2d 1051

Docket No. 5496.

Gotwals v. Miller

District of Columbia District Court

Argued May 7, 1932.

Decided June 6, 1932.

District of Columbia District Court · decided 1932-06-06

Cited by 1 later decisions — most recently October 1940

2 counsel of record

Relies on Johnson v. Rudolph · Dougherty v. American Security & Trust Co. · Taliaferro v. Railway Terminal Warehouse Co.

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1932-06-06

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¶1W. W. Bride, R. E. Lynch, and Vernon E. West, all of Washington, D. C., for appellants.

¶2William Cogger, of Washington, D. C., John E. Hughes, of Chicago, Ill., and Philip F. Biggins, of Washington, D. C., for appellees.

¶3Befqre MARTIN, Chief Justice, and EOBB, VAN OESDEL, HlTZ, and GEO-NEE, Associate Justices.

¶4PER CURIAM.

¶5This appeal is by the commissioners of the District of Columbia from a decree of the Supreme Court of the District, directing the cancellation of certain assessments for street paving levied against the properties in question, under the front foot rule, authorized by what is known as the Borland Amendments (38 Stat. 517, 524; 39 Stat. 676, 716).

¶6We have ruled upon the validity of front foot assessments under those acts in a number of eases, holding that the assessments were void because of inequality and discrimination. Johnson v. Rudolph et al., 57 App. D. C. 29, 16 F.(2d) 525; Dougherty et al. v. American Security & Trust Co., 59 App. D. C. 301, 40 F.(2d) 813; Taliaferro et al. v. Railway Terminal Warehouse Company, 59 App. D. C. 376, 43 F.(2d) 271; Crosby et al. v. Dodge, 60 App. D. C. 36, 46 F.(2d) 727.

¶7We are unable to discover any distinction in the present ease that would justify a departure from our interpretation of the law as announced in the decisions in the above eases.

¶8The decree is affirmed, with costs.

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