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PHILADELPHIA, B. & W. R. R. v. HAZEN

No. 7440.

116 F.2d 543 (1940)

PHILADELPHIA, B. & W. R. R. v. HAZEN et al.

United States Court of Appeals for the District of Columbia.

Decided October 14, 1940.

Attorney(s) appearing for the Case

Frederic D. McKenney, John S. Flannery, G. Bowdoin Craighill, and R. Aubrey Bogley, all of Washington, D. C., for appellant.

Elwood H. Seal, Corp. Counsel, and Vernon E. West and Stanley DeNeale, both Asst. Corp. Counsel, all of Washington, D. C., for appellees.

Before STEPHENS, EDGERTON, and RUTLEDGE, Associate Justices.

RUTLEDGE, Associate Justice.

The appeal is from dismissal of a complaint for cancellation of special assessments totalling $2,989.72 levied against plaintiff's property as a result of the repaving of South Capitol Street in Washington, D. C. The principal questions for decision are: (1) whether the assessments are so disproportionate to the benefits conferred on plaintiff's property or so inequitable in relation to assessments on neighboring properties as to be invalid...

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