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PAGE v. COMERT

No. 13193.

243 F.2d 245 (1957)

Viola B. PAGE, Appellant, v. Sophie COMERT et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided March 28, 1957.

Petition for Rehearing Denied May 17, 1957.

Attorney(s) appearing for the Case

Mr. Andrew Wilton Carroll, Washington, D. C., for appellant.

Mr. Joseph Lapiana, Jr., Washington, D. C., with whom Mr. Joseph G. Weeda, Washington, D. C., was on the brief, for appellee Sophie Comert and certain other appellees.

Mr. Herman Miller, Washington, D. C., for appellee Augie G. Urciolo.

Before BAZELON, WASHINGTON and BASTIAN, Circuit Judges.

BAZELON, Circuit Judge.

The District Court dismissed appellant's amended complaint. We find the order of dismissal proper in all respects, save as to Count II insofar as it is brought against appellees Augie C. Urciolo and J. John Urciolo. As to them, we think, it cannot be said, as the District Court's order does, that Count II does "not state a cause of action."

Count II is denominated "Claim for damages — fraud, deceit, misrepresentations." It alleges...

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