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CHESAPEAKE AND POTOMAC TEL. CO. v. DISTRICT OF COLUMBIA

Nos. 17385-17386.

325 F.2d 217 (1963)

The CHESAPEAKE AND POTOMAC TELEPHONE COMPANY, Petitioner, v. DISTRICT OF COLUMBIA, Respondent. DISTRICT OF COLUMBIA, Petitioner, v. The CHESAPEAKE AND POTOMAC TELEPHONE COMPANY, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided October 10, 1963.

Attorney(s) appearing for the Case

Messrs. Edmund L. Jones, Washington, D. C., and H. H. Walker Lewis, with whom Messrs. William T. Plumb, Jr. and Howard C. Anderson, Washington, D. C., were on the brief, for petitioner in No. 17,385 and respondent in No. 17,386.

Mr. Henry E. Wixon, Asst. Corp. Counsel for the District of Columbia, with whom Messrs. Chester H. Gray, Corp. Counsel, Milton D. Korman, Principal Asst. Corp. Counsel, and Robert E. McCally, Asst. Corp. Counsel, were on the brief, for petitioner in No. 17,386 and respondent in No. 17,385.

Before FAHY, WASHINGTON and McGOWAN, Circuit Judges.

McGOWAN, Circuit Judge.

This matter is before us on cross-petitions for review by the taxpayer, The Chesapeake and Potomac Telephone Company, and by the District of Columbia, of a decision of the District of Columbia Tax Court with respect to certain additional assessments for 1959 under the gross receipts tax applicable to public utility companies. The taxing statute provides that "* * * each gas company, electric lighting company, and telephone company shall pay...

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