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2300 RESTAURANT v. CAVELL

No. 2183.

143 A.2d 637 (1958)

2300 RESTAURANT, Inc., Appellant, v. Walter CAVELL, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided July 11, 1958.

Attorney(s) appearing for the Case

John T. Reges, Washington, D. C., for appellant.

H. Nathaniel Blaustein, Washington, D. C., for appellee.

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

QUINN, Associate Judge.

This case is here for the second time. The pertinent facts are fully set forth in Cavell v. 2300 Restaurant, Inc., D.C.Mun. App.1957, 134 A.2d 583. The only contention made on this appeal is that the court erred in not declaring a mistrial, or in the alternative in not requiring the jury to return to the jury room when the following incident occurred:

"At the conclusion of the trial the jury returned...

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