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KOGOD v. COGITO

No. 11052.

200 F.2d 743 (1952)

KOGOD et al. v. COGITO.

United States Court of Appeals District of Columbia Circuit.

Decided November 6, 1952.

Attorney(s) appearing for the Case

Louis M. Denit, Washington, D. C., with whom Thomas S. Jackson, P. Baxter Davis, Martin R. Fain, and Irving B. Yochelson, Washington, D. C., were on the brief, for appellants.

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

Before EDGERTON, WILBUR K. MILLER, and FAHY, Circuit Judges.

EDGERTON, Circuit Judge.

This appeal is from an injunction restraining appellants from obstructing appellee's use of two alleys, on appellants' land, that connect appellee's adjoining land with a street. The injunction is based on a finding that appellee has a right of way by prescription.

Union Stockyard Company once owned the whole tract. In 1894 it conveyed a landlocked portion to Washington Abattoir Company with an express easement in a driveway, not now...

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