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MERRIAM v. ANACOSTIA NATIONAL BANK

No. 13479.

247 F.2d 596 (1957)

Sudie Phipps MERRIAM, Appellant, v. ANACOSTIA NATIONAL BANK, a corporation, and Joseph F. Nebel, t/a Joseph F. Nebel Company, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided August 6, 1957.

Attorney(s) appearing for the Case

Mr. Milton M. Burke, Washington, D. C., for appellant.

Mr. Irving B. Yochelson, Washington, D. C., for appellee, Anacostia National Bank.

Mr. Frank F. Roberson, Washington, D. C., with whom Mr. John Ross, Washington, D. C., was on the brief, for appellee, Joseph F. Nebel.

Before FAHY, BASTIAN and BURGER, Circuit Judges.

BURGER, Circuit Judge.

Appellant's complaint alleged personal injury sustained from a fall on a defective sidewalk adjacent to the appellee bank's property on which a new building was being erected by appellee Nebel as general contractor. It charged appellees with creating a dangerous condition against which no warning or notice was given. The dangerous condition of the sidewalk is alleged to have been created by trucks of the excavating subcontractor (a Maryland...

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