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KENNEDY v. DAVID

No. 7352.

109 F.2d 676 (1940)

KENNEDY v. DAVID.

United States Court of Appeals for the District of Columbia.

Decided January 29, 1940.

Attorney(s) appearing for the Case

Thomas F. Gowen and Bernard J. Fitzpatrick, both of Washington, D. C., for plaintiff in error.

Levi H. David, in proper person, for defendant in error.

Submitted to STEPHENS, EDGERTON, and RUTLEDGE, Associate Justices.

EDGERTON, Associate Justice.

David brought a "Class B" action in the Municipal Court against Kennedy. The amount claimed was $150. When the value in controversy exceeds $20, either party to an action in the Municipal Court "may demand a trial by jury." 41 Stat. 1310; D. C.Code, 1929, Tit. 18, § 205. The court has express power to make rules of practice, pleading, and procedure. 41 Stat. 1312, § 11; D.C.Code, Tit. 18, § 212. Its Rule 5 provides that...

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