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MILESTONE v. GREEN TREE CORP.

No. 8220.

286 F.2d 258 (1961)

Philip MILESTONE, Appellant, v. GREEN TREE CORP., a Maryland Corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 13, 1961.

Attorney(s) appearing for the Case

Stanley B. Frosh, Washington, D. C., for appellant.

Richard A. Reid, Towson, Md. (Kenneth C. Proctor, Towson, Md., on brief), for appellee.

Before HAYNSWORTH and BOREMAN, Circuit Judges, and FIELD, District Judge.

PER CURIAM.

The plaintiff in this tort action fell down an unfinished stair well in a house under construction by the defendant, a corporation in which the plaintiff's son was the controlling stockholder. The plaintiff and his son were considering certain alterations in the plans and testified they were taking measurements with a steel tape.

The proof discloses two different versions of the accident. One, derived from certain statements of the two shortly...

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