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VERKOUTEREN v. DISTRICT OF COLUMBIA

Nos. 20889-20894.

433 F.2d 461 (1970)

John H. VERKOUTEREN, Petitioner, v. DISTRICT OF COLUMBIA, Respondent. Herman OSHINSKY, Petitioner, v. DISTRICT OF COLUMBIA, Respondent. Mary OSHINSKY, William Oshinsky and Clara Sennet, Executors of the Estate of Charles Oshinsky, Deceased, Petitioners, v. DISTRICT OF COLUMBIA, Respondent. William OSHINSKY, Petitioner, v. DISTRICT OF COLUMBIA, Respondent. Herman FENICHEL, Petitioner, v. DISTRICT OF COLUMBIA, Respondent. Bernard MARGOLIUS and Lilyan Margolius, Petitioners, v. DISTRICT OF COLUMBIA, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided February 6, 1969.

Reargued June 19, 1969.

Decided June 11, 1970.

As Amended January 6, 1971.

Attorney(s) appearing for the Case

Mr. Joel N. Simon, Washington, D. C., with whom Mr. Albert E. Arent, Washington, D. C., was on the brief, for petitioners.

Mr. Henry E. Wixon, Asst. Corporation Counsel, with whom Messrs. Charles T. Duncan, Corporation Counsel, Hubert B. Pair, Principal Asst. Corporation Counsel, and Robert C. Findlay, Asst. Corporation Counsel, were on the brief, for respondent.

Mr. David E. Birenbaum, Washington, D. C., filed a brief on behalf of Watergate Realty, Inc., as amicus curiae.

Before FAHY, Senior Circuit Judge, and WRIGHT, McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON and ROBB, Circuit Judges, sitting en banc.

Reargued en banc June 19, 1969.

ON REHEARING EN BANC

PER CURIAM:

The court, by a divided vote, reinstates the decision of the panel issued February 6, 1969. The issue is one of local law, and the rule for the future has in any event been specified by the amendments effected by the District of Columbia Revenue Act of 1969, 83 Stat. 176 (1969). While the various issues discussed by counsel in their briefs...

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