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MICHAEL v. SMITH

No. 12344.

221 F.2d 59 (1955)

Charles E. MICHAEL, Appellant, v. Fred SMITH, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided February 3, 1955.

Attorney(s) appearing for the Case

Mr. Luther Robinson Maddox, with whom Mrs. Marie Flynn Maddox, Washington, D.C., was on the brief, for appellant.

Mr. Sidney S. Sachs, with whom Messrs. Lewis Jacobs and Dexter M. Kohn, Washington, D. C., were on the brief, for appellee.

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

FAHY, Circuit Judge.

The question is whether a money judgment may be revived by an order of the District Court made after the expiration of 12 years from its date on a motion filed during the 12 year period.1

On April 22, 1930, Michael, the appellant, obtained a judgment against Smith, the appellee, in the sum of $1,000.00. On April 16, 1942, within 12 years, Michael filed a motion in the District Court to renew the judgment, stating...

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