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MAYS v. BURGESS

No. 9119.

152 F.2d 123 (1945)

MAYS v. BURGESS et al.

United States Court of Appeals District of Columbia.

Decided October 31, 1945.

Attorney(s) appearing for the Case

Messrs. James A. Cobb and William H. Hastie, both of Washington, D. C., with whom Messrs. George E. C. Hayes and Leon A. Ransom, both of Washington, D. C., were on the brief, for appellant.

Mr. Henry Gilligan, of Washington, D. C., for appellees.

Before GRONER, Chief Justice, and EDGERTON and CLARK, Associate Justices.

GRONER, C. J.

This is a second appeal in this case. When it was here before we affirmed, with costs, and by our mandate ordered the District Court to carry its judgment into effect.

The case concerned the validity of a "restrictive covenant" running with the land. The District Court on the original trial held the covenant in full force and effect and directed defendant Mays, whose purchase violated the covenant, to remove herself and all of her personal effects...

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