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BISHOP v. DISTRICT OF COLUMBIA

Nos. 12871, 12872, 12920 and 12921.

411 A.2d 997 (1980)

Richard A. BISHOP, Appellant, v. DISTRICT OF COLUMBIA, Appellee. DISTRICT OF COLUMBIA, Appellant, v. Richard A. BISHOP, Appellee. Axel-Felix H. KLEIBOEMER, Appellant, v. DISTRICT OF COLUMBIA, Appellee. DISTRICT OF COLUMBIA, Appellant, v. Axel-Felix H. KLEIBOEMER, Appellee.

District of Columbia Court of Appeals.

Decided February 12, 1980.

As Modified February 14, 1980.

Attorney(s) appearing for the Case

Philip L. Kellogg, Washington, D. C., with whom James L. Lyons and Bradley G. McDonald, Washington, D. C., for Axel-Felix H. Kleiboemer.

Judith W. Rogers, Corp. Counsel, Washington, D. C., with whom Richard W. Barton, Deputy Corp. Counsel, Robert E. McCally, David P. Sutton, Richard L. Aguglia and James C. McKay, Jr., Asst. Corp. Counsel, Washington, D. C., were on the brief, for the District of Columbia.

John M. Bixler, Washington, D. C., with whom Ronald D. Aucutt, Washington, D. C., was on the brief, for Richard A. Bishop.

Before NEWMAN, Chief Judge, and KELLY, KERN, GALLAGHER, NEBEKER, HARRIS, MACK, FERREN and PRYOR, Associate Judges, and PAIR, Associate Judge, Retired.

KELLY, Associate Judge:

The arguments advanced by the government in the en banc rehearing of this case do not persuade this court to disturb the division's holding in Bishop v. District of Columbia, D.C.App., 401 A.2d 955 (1979), that Section 605 of the Revenue Act of 19751 was an impermissible exercise of the District of Columbia Council's authority under...

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