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CHRISTIANSON v. GAINES

No. 9841.

174 F.2d 534 (1949)

CHRISTIANSON et al. v. GAINES.

United States Court of Appeals District of Columbia Circuit.

Decided April 27, 1949.

Attorney(s) appearing for the Case

Mr. H. Winship Wheatley, Jr., of Washington, D. C., with whom Mr. H. Winship Wheatley, of Washington, D. C., was on the brief, for appellants.

Mr. Henry H. Glassie, of Washington, D. C., with whom Mr. Thomas M. Cooley, II, of Washington, D. C., was on the brief, for appellee. Mr. Arthur H. Tibbits, of Washington, D. C., also entered an appearance for appellee.

Before CLARK and WILBUR K. MILLER, Circuit Judges, and GEORGE C. SWEENEY, District Judge, sitting by designation.

SWEENEY, District Judge.

This is an appeal from an order for summary judgment entered by the United States District Court for the District of Columbia on March 8, 1948. After the original complaint was filed a motion for summary judgment was heard and denied, and plaintiffs were given an opportunity to amend their complaint so as to cure a then existing defect. An amended complaint was thereafter filed and it is to this complaint that the motion for summary judgment...

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