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PENN BOWLING RECREATION CENTER v. HOT SHOPPES

No. 10020.

179 F.2d 64 (1949)

PENN BOWLING RECREATION CENTER, Inc. v. HOT SHOPPES, Inc.

United States Court of Appeals District of Columbia Circuit.

Decided December 27, 1949.

Attorney(s) appearing for the Case

Mr. James C. Wilkes, Washington, D. C., with whom Messrs. James E. Artis and George A. Glasgow, Washington, D. C., were on the brief, for appellant.

Mr. Edmund D. Campbell, Washington, D. C., with whom Mr. Grissim H. Walker, Washington, D. C., was on the brief, for appellee.

Before McALLISTER, sitting by designation, WILBUR K. MILLER and BAZELON, Circuit Judges.

McALLISTER, Circuit Judge.

In 1938, the Norment Estate conveyed a portion of its real property to appellee, Hot Shoppes, Inc., and subjected a part thereof to a sixteen-foot right of way for ingress and egress. This resulted in an easement for the benefit of the balance of the unconveyed property, adjacent thereto, which was retained by the Estate, and which, by virtue of the easement, became the dominant tenement. A part of this dominant estate came into ownership...

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