FENSTER v. SCHNEIDER

No. 79-1844.

636 F.2d 765 (1980)

Herbert L. FENSTER, Appellant, v. Douglas N. SCHNEIDER, Jr., Director of the District of Columbia Department of Transportation.

United States Court of Appeals, District of Columbia Circuit.

Decided November 26, 1980.


Attorney(s) appearing for the Case

Herbert L. Fenster, Washington, D. C., with whom Lawrence S. Ebner, Washington, D. C., was on the brief, for appellant.

David P. Sutton, Asst. Corp. Counsel, Washington, D. C., with whom Judith W. Rogers, Corp. Counsel, Richard W. Barton, Deputy Corp. Counsel, and John H. Suda, Asst. Corp. Counsel, Washington, D. C., were on the brief, for appellee.

Before WILKEY and WALD, Circuit Judges, and MacMAHON, Chief Judge, United States District Court for the Southern District of New York.


Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge.

This case raises the issue of whether the District of Columbia School Transit Subsidy Act of 1978, 25 D.C.R. 2534, 2691, D.C.Law 2-152 (hereinafter "the Subsidy Act") which provides for a reduced transportation fare for District resident students on their way to public or private school and educationally related activities in the District, violates Article IV and the fourteenth amendment...

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