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BULLUCK v. WASHINGTON

Nos. 24862, 24863.

468 F.2d 1096 (1972)

James BULLUCK et al., Appellants, v. Walter WASHINGTON, Commissioner of the District of Columbia, et al. Jerome and Maura FREIBAUM et al., Appellants, v. Walter WASHINGTON, Commissioner of the District of Columbia, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided January 19, 1972.

As Amended February 8, 1972.

Rehearing Granted March 7, 1972.

On Rehearing July 14, 1972.

Attorney(s) appearing for the Case

Mr. John B. Jones Jr., Washington, D. C., with whom Messrs. Rodney E. Gould and S. William Livingston, Washington, D. C., were on the brief, for appellants in No. 24862.

Mr. William L. Taylor, with whom Mrs. Harriett R. Taylor and Mr. Roger S. Kuhn, Washington, D. C., were on the brief, for appellants in No. 24863.

Mr. David P. Sutton, Asst. Corp. Counsel for the District of Columbia, with whom Messrs. C. Francis Murphy, Corp. Counsel, and Richard W. Barton, Asst. Corp. Counsel, were on the brief, for appellees.

Before ROBINSON and MacKINNON, Circuit Judges, and DAVIES, United States District Judge for the District of North Dakota.

Rehearing En Banc Granted March 7, 1972.

On Rehearing En Banc July 14, 1972.

MacKINNON, Circuit Judge:

Appellants instituted these suits in the United States District Court seeking a declaratory judgment that Section 401(2) of the D.C.Revenue Act of 19681 was unconstitutional and an injunction against its enforcement. Because they were seeking to enjoin an act of Congress, appellants requested convocation of a three-judge...

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