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HUTCHISON BROS. EX. v. DISTRICT OF COLUMBIA

No. 84-1320.

511 A.2d 3 (1986)

HUTCHISON BROTHERS EXCAVATING COMPANY, INC., Appellant, v. DISTRICT OF COLUMBIA, Appellee.

District of Columbia Court of Appeals.

Decided June 11, 1986.

Attorney(s) appearing for the Case

C. Francis Murphy, with whom Louis P. Robbins, Washington, D.C., was on brief, for appellant.

Michele Giuliani, Asst. Corp. Counsel, with whom Inez Smith Reid, Corp. Counsel, John H. Suda, Principal Deputy Corp. Counsel, and Charles L. Reischel, Deputy Corp. Counsel, Washington, D.C., were on brief, for appellee.

Before NEBEKER, FERREN and TERRY, Associate Judges.

NEBEKER, Associate Judge:

Appellant Hutchison Brothers appeals the trial court's order granting the District of Columbia's motion for summary judgment on the question of appellant's liability for motor vehicle fuel taxes for the period from April 1976 through March 1981. In granting summary judgment for the District, the trial court ordered the District to initiate a rulemaking proceeding pursuant to the District of Columbia Administrative Procedure Act (DCAPA), D...

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