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NASH v. TOBRINER

No. 24559.

462 F.2d 314 (1972)

Donald S. NASH, et al., Appellants, v. Walter M. TOBRINER, Commissioner, et al.

United States Court of Appeals, District of Columbia Circuit.

May 30, 1972.

Attorney(s) appearing for the Case

Messrs. William T. Hannan, Joseph F. Castiello, Ralph F. Berlow and Kent D. Thorup, Washington, D.C., were on the brief for appellants.

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

Before BAZELON, Chief Judge, and ROBINSON and ROBB, Circuit Judges.

PER CURIAM:

This is an appeal from an order denying appellants an award for damages resulting from the failure of the District of Columbia Commissioners to close certain alleys on appellants' property. Since in our view the action of the Commissioners was neither arbitrary nor capricious, we affirm.

I.

On March 19, 1957, appellants applied to the District of Columbia to close two alleys which bisected their land. On July 14, 1960, the Board of Commissioners...

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