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SCHWARZ v. THOMAS

Nos. 12489, 12490.

222 F.2d 305 (1955)

Jack SCHWARZ and Irwin Schwarz, t/a Jack Schwarz and Son, Appellants, v. William M. THOMAS, Appellee. Jack SCHWARZ and Irwin Schwarz, t/a Jack Schwarz and Son, Appellants, v. Frances Wood THOMAS, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 28, 1955.

Attorney(s) appearing for the Case

Mr. Arthur L. Willcher, Washington, D. C., with whom Mr. Bernard Shankman, Washington, D. C., was on the brief, for appellants.

Mr. Jeff Busby, Washington, D. C., with whom Mr. Jeff Busby, Jr., Washington, D. C., was on the brief, for appellees.

Before BAZELON, FAHY and BASTIAN, Circuit Judges.

BASTIAN, Circuit Judge.

On November 24, 1952, appellants (plaintiffs) filed a complaint in the District Court against appellees (defendants) to recover the sum of $3,914.58, with interest, costs and attorneys' fees, as moneys due and owing them by defendants, represented in part by promissory notes and in part on open account. In the complaint plaintiffs averred that the defendants were non-residents of the District of Columbia. The complaint and summons were served...

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