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CARLINER v. COMMISSIONER OF THE DISTRICT OF COLUMBIA

No. 21786.

412 F.2d 1090 (1969)

David CARLINER et al., Appellants, v. COMMISSIONER OF the DISTRICT OF COLUMBIA et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 24, 1969.

Attorney(s) appearing for the Case

Mr. David Carliner, Washington, D. C., with whom Messrs. Harry Huge, Arthur W. Jackson, Ralph Temple and Reuben Robertson, Washington, D. C., were on the brief, for appellants.

Mr. David P. Sutton, Asst. Corp. Counsel for the District of Columbia, with whom Messrs. Charles T. Duncan, Corp. Counsel, Hubert B. Pair, Principal Asst. Corp. Counsel, and Richard W. Barton, Asst. Corp. Counsel, were on the brief, for appellees.

Before FAHY, Senior Circuit Judge, and McGOWAN and TAMM, Circuit Judges.

PER CURIAM:

This appeal is from the grant by the District Court of appellees' motion to dismiss the complaint for failure to state a cause of action, cross-motions for summary judgment having been denied. Appellants are citizens of the District of Columbia who sued on behalf of themselves and all other such citizens to procure declaratory and injunctive relief. Appellees are the Mayor-Commissioner and the members of the City Council appointed by the President pursuant...

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