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CLOUSER v. HOT SHOPPES, INC.

No. 18920.

346 F.2d 834 (1965)

Robert O. CLOUSER, et al., Individually and as Members of the District of Columbia Board of Zoning Adjustment, Appellants, v. HOT SHOPPES, INC., a corporation, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 12, 1965.

Attorney(s) appearing for the Case

Mr. David P. Sutton, Asst. Corp. Counsel for the District of Columbia, with whom Messrs. Chester H. Gray, Corp. Counsel, Milton D. Korman, Principal Asst. Corp. Counsel, and Hubert B. Pair, Asst. Corp. Counsel, were on the brief, for appellants.

Mr. John R. Hess, Asst. Corp. Counsel, also entered an appearance for appellants.

Mr. Frank H. Strickler, Washington, D. C., with whom Messrs. John J. Carmody, Jr., and Clifford Lawrence Wiser, Bethesda, Md., were on the brief, for appellee.

Before WILBUR K. MILLER, Senior Circuit Judge, and FAHY and DANAHER, Circuit Judges.

JUDGMENT

PER CURIAM.

This case came on to be heard on the record on appeal from the United States District Court for the District of Columbia and was argued by counsel; and the trial judge having determined that the administrative record as stipulated is insufficient for the achievement of finality and having accordingly directed a remand for further proceedings before the Board of Zoning Adjustment at which additional testimony and argument may be adduced...

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