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JURIN v. WILTSHIRE PARKWAY

No. 13147.

238 F.2d 263 (1956)

Pearl JURIN, Appellant, v. WILTSHIRE PARKWAY, Inc., The Lenkin Realty Company, and Westinghouse Electric Corporation, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided November 1, 1956.

Attorney(s) appearing for the Case

Mr. James C. Toomey, Washington, D. C., for appellant.

Mr. H. Mason Welch, Washington, D. C., was on the brief for appellee Wiltshire Parkway, Inc.

Mr. Myer Koonin, Washington, D. C., was on the brief for appellee Lenkin Realty Co.

Mr. John P. Arness, Washington, D. C., was on the brief for appellee Westinghouse Electric Corp.

Before EDGERTON, Chief Judge, and WILBUR K. MILLER and BURGER, Circuit Judges.

PER CURIAM.

The District Court dismissed the plaintiff's complaint May 5, 1954. Fifteen months later, on August 9, 1955, plaintiff's counsel filed an affidavit in which he said that on or about April 30, 1954, "the Court indicated orally from the bench that the case should be dismissed on the basis that the plaintiff failed to state a cause of action against any of the parties defendant. Thereafter, on May 5, 1954 there was signed by the Court an Order dismissing...

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