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DEPENBROCK v. SAFEWAY STORES, INC.

No. 2774.

172 A.2d 561 (1961)

John F. DEPENBROCK, Appellant, v. SAFEWAY STORES, INC., Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided July 11, 1961.

Attorney(s) appearing for the Case

James E. Allgeyer, Washington, D. C., for appellant.

Francis C. O'Brien, Washington, D. C., for appellee. Allan C. Swingle and William T. Clague, Washington, D. C., also entered an appearance for appellee.

Before HOOD and QUINN, Associate Judges, and CAYTON (Chief Judge, Retired) sitting by designation under Code, § 11-776(b).

CAYTON, Acting Judge.

Plaintiff appeals from an order dismissing a personal injury suit on the ground of forum non conveniens.

The complaint charged that in its store in Cherrydale, Virginia, defendant Safeway had stacked cartons of beer bottles improperly and at such a height that they fell and the bottles exploded, injuring plaintiff. Safeway filed a motion to dismiss on the ground of forum non conveniens, supported by an affidavit and a memorandum of law...

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