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SWANK v. CAPITAL TRANSIT COMPANY

No. 12372.

220 F.2d 807 (1955)

Mary D. SWANK, Appellant, v. CAPITAL TRANSIT COMPANY, a corporation, Appellee.

United States Court of Appeals. District of Columbia Circuit.

Decided January 27, 1955.

Attorney(s) appearing for the Case

Messrs. Claude L. Dawson and Howard J. McGrath, Washington, D. C., for appellant.

Mr. John P. Arness, with whom Mr. Frank F. Roberson, Washington, D. C., was on the brief, for appellee.

Before BAZELON, FAHY and BASTIAN, Circuit Judges.

PER CURIAM.

The facts in this case are so similar to those which were present in Marshall v. Capital Transit Co., 95 U.S. App.D.C. ___, 216 F.2d 636, that we are not justified in reaching a different conclusion. This result is fortified by the fact that on several occasions appellant had alighted on the street pavement, and not on the curb, at the point in question. Furthermore, she was aware that she

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