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BERCH v. ROSNER

No. 2055.

136 A.2d 260 (1957)

Julian BERCH, to the Use of NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant, v. Edward E. ROSNER, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided November 14, 1957.

Attorney(s) appearing for the Case

William T. Clague, Washington, D. C., with whom Allan C. Swingle, Washington, D. C., was on the brief, for appellant.

Jack Politz, Washington, D. C., for appellee.

Before ROVER, Chief Judge, and HOOD and QUINN, Associate Judges.

HOOD, Associate Judge.

In a previous action a judgment was awarded against Julian Berch, Mollie Berch, Samuel C. Rosner and Edward E. Rosner. The Berches' insurer paid the judgment and the present action was brought by the Berches, to the use of the insurer, for contribution from the Rosners. The complaint was filed March 29, 1956, and summons duly issued, but service was not obtained. During the next eleven months no effort was made to obtain service. On March 7...

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