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AUSTIN v. SMITH

No. 16451.

312 F.2d 337 (1962)

Clarence AUSTIN, Appellant, v. Otis SMITH et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided November 21, 1962.

Attorney(s) appearing for the Case

Mrs. Maurine Howard Abernathy, Washington, D. C., for appellant.

Mr. John F. Costello, Washington, D. C., with whom Mr. John F. Burke, Washington, D. C., was on the brief, for appellees.

Before BAZELON, Chief Judge, and EDGERTON and WILBUR K. MILLER, Circuit Judges.

WILBUR K. MILLER, Circuit Judge.

Otis Smith and his wife, Hattie Lee, sued Ruth Bush and her father, Henry Austin, February 21, 1956, to recover damages for injuries sustained by Otis when he was struck by a motorcycle ridden by Ruth Bush. They alleged she was negligently operating the motorcycle and that her father, who owned it, had negligently allowed his daughter to use it when she was unskilled, unlicensed and untrained. The defendants did not answer and default...

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