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COLPOYS v. FOREMAN

No. 9344.

163 F.2d 908 (1947)

COLPOYS et al. v. FOREMAN.

United States Court of Appeals District of Columbia.

Decided October 13, 1947.

Attorney(s) appearing for the Case

Mr. Vivian O. Hill, of Washington, D. C., for appellants Margaret M. Colpoys and Anna B. Huntemann.

Mr. Arthur C. Bailey, of Washington, D. C., for appellant National Surety Corporation.

Mr. Louis Ginberg, of Washington, D. C., with whom Mr. Dorsey K. Offutt, of Washington, D. C., was on the brief, for appellee.

Before STEPHENS, EDGERTON, and WILBUR K. MILLER, Associate Justices.

EDGERTON, Associate Justice.

In August, 1941, appellee filed a complaint against the United States Marshal for the District of Columbia and his surety. Trial resulted in a verdict that was set aside and is not here on appeal. In 1944 the marshal died and his executors were substituted as defendants. In 1945 the issues for retrial were limited to an alleged forcible and unlawful entry and "any consequent damage that may have resulted therefrom." The amended complaint...

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