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CIOFFI v. QUEENSTOWN APARTMENTS, SECTION E

No. 13355.

243 F.2d 650 (1957)

Tommy CIOFFI, a minor by William N. Cioffi, his father and next friend, and William N. Cioffi, Appellants, v. QUEENSTOWN APARTMENTS, SECTION E, Inc., Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 18, 1957.

Attorney(s) appearing for the Case

Mr. Paul D. Taggart, Washington, D. C., with whom Mr. Lester Wood, Washington, D. C., was on the brief, for appellants.

Mr. Francis L. Casey, Jr., Washington, D. C., with whom Mr. John J. Sirica, Washington, D. C., was on the brief, for appellee.

Before WASHINGTON, DANAHER and BASTIAN, Circuit Judges.

DANAHER, Circuit Judge.

Appellants complain of a judgment entered upon a verdict directed for the appellee at the conclusion of the appellants' opening statement.

The action had been commenced by a father suing in his own behalf and on the account of his four-year-old minor son. The latter lived with his parents in appellee's apartment development in Maryland. On the apartment grounds, admittedly in the control of and provided by the appellee for the use of...

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