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BOWSHER v. EMPIRE ENGINEERING CORPORATION

No. 14121.

254 F.2d 336 (1958)

Mark C. BOWSHER and Arline P. Bowsher, Appellants, v. EMPIRE ENGINEERING CORPORATION et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided March 13, 1958.

Petition for Rehearing Denied May 9, 1958.

Attorney(s) appearing for the Case

Mr. Milton M. Burke, Washington, D. C., with whom Mr. Mark C. Bowsher, Washington, D. C., was on the brief, for appellants.

Mr. Lewis H. Shapiro, Washington, D. C., with whom Mr. Charles H. Mayer, Washington, D. C., was on the brief, for appellees Empire Engineering Corp. and Benjamin Shapiro.

No appearance was entered for appellee Dunlap.

Before PRETTYMAN, BAZELON and BURGER, Circuit Judges.

PER CURIAM.

This was an action to recover damages for trespass and deprivation of lateral support to a vacant lot owned by appellants. Appellee Empire Corporation (whose manager was appellee Shapiro) owned land adjacent to appellants' land and on a lower level. The two parcels were separated by a 10 feet wide unimproved strip which was dedicated to the District of Columbia and was available to be graded as an alley in the future. Desirous of having the alley graded...

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