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HOWARD v. SWAGART

No. 9409.

161 F.2d 651 (1947)

HOWARD v. SWAGART et al.

United States Court of Appeals District of Columbia.

Decided May 5, 1947.

Attorney(s) appearing for the Case

Mr. Earl H. Davis and Mr. A. Arvin Lynn, both of Washington, D. C., with whom Mr. Martin Mendelsohn, of Washington, D. C., was on the brief, for appellant.

Mr. Austin F. Canfield, of Washington, D. C., with whom Mr. Julian H. Reis, of Washington, D. C., was on the brief, for appellees.

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

CLARK, Associate Justice.

This is an appeal from the action of the District Court of the United States for the District of Columbia entering judgment for appellees, defendants below, and setting aside a verdict of the jury in favor of appellant, plaintiff below, in accordance with Rule 50(b), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

Appellant was injured when she was struck by an automobile driven by Elbert W. Cherry, who was neither...

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