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1137 19TH ST. ASSOC. v. DIST. OF COLUMBIA

Nos. 99-TX-1387, 99-TX-1398, 99-TX-1437, 00-TX-185.

769 A.2d 155 (2001)

1137 19th STREET ASSOCIATES, LIMITED PARTNERSHIP, Appellant, v. DISTRICT OF COLUMBIA, Appellee. District of Columbia, Appellant, v. 1828 L Street Associates, Limited Partnership, Appellee.

District of Columbia Court of Appeals.

Decided March 15, 2001.

Attorney(s) appearing for the Case

David H. Dickieson, Washington, DC, for appellant, 1137 19th Street Associates, and appellee, 1828 L Street Associates.

Donna M. Murasky, Senior Assistant Corporation Counsel, with whom Robert R. Rigsby, Corporation Counsel, and Charles L. Reischel, Deputy Corporation Counsel, were on the brief, for the District of Columbia.

Before SCHWELB, FARRELL, and REID, Associate Judges.

SCHWELB, Associate Judge:

These consolidated cases arise out of attempts by two different taxpayers to recover recordation taxes paid, under protest, to the District of Columbia Recorder of Deeds following the recordation, in 1995, of certain deeds of trust. After having agreed on all material facts below, the parties in each case cross-moved for summary judgment. In the case brought by 1137 19th Street Associates, L.P. ("19

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