KENDALL v. GORE PROPERTIES

No. 12818.

236 F.2d 673 (1956)

Mabel D. KENDALL, Ancillary Administratrix of the Estate of Codie A. Whitman, deceased, Appellant, v. GORE PROPERTIES, Inc., a Corporation, American Security and Trust Company, a Corporation, and William Freeney Hickey, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 14, 1956.

Petition for Rehearing Denied July 17, 1956.


Attorney(s) appearing for the Case

Mr. Arthur J. Hilland, Washington, D. C., with whom Mr. Thomas N. Kindness, Washington, D. C., was on the brief, for appellant.

Mr. John L. Laskey, Washington, D. C., with whom Mr. Charles W. Arth, Washington, D. C., was on the brief, for appellees.

Messrs. Leo A. Rover, U. S. Atty., at the time of argument, Lewis Carroll and Nathan J. Paulson, Asst. U. S. Attys., filed a brief on behalf of the United States of America, as amici curiae, urging affirmance.

Before FAHY, DANAHER and BASTIAN, Circuit Judges.


DANAHER, Circuit Judge.

Appellant is administratrix of the Estate of Miss Codie A. Whitman, deceased, on account of whose wrongful death this action had been brought. Decedent, on July 12, 1952, then 39 years of age, was strangled to death with a painter's towel in apartment 201 of which she was a tenant in the Ritz Apartments at 1631 Euclid Street, N. W., District of Columbia. Appellee Gore Properties, Inc., was the owner of the Ritz, appellee William F. Hickey was...

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