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WHITEHEAD v. MARGEL

Civ. No. 1785.

220 F.Supp. 933 (1963)

Michael Bryant WHITEHEAD by his Next Friend, Lewis E. Whitehead, Jr., Plaintiff, v. Irving MARGEL and wife, Freda Margel, Defendants.

United States District Court W. D. North Carolina, Charlotte Division.

Decided August 29, 1963.

Attorney(s) appearing for the Case

Eugene C. Hicks, III, Cansler & Lockhart, Charlotte, N. C., for plaintiff.

W. T. Covington, Jr., Kennedy, Covington, Lobdell & Hickman, O. W. Clayton, Clayton & London, Charlotte, N. C., for defendants.

CRAVEN, Chief Judge.

The substance of the complaint in this action is that:

(1) Defendants, Irving Margel and wife, Freda Margel, own as tenants by the entirety certain real property on which there is located an unenclosed outdoor swimming pool. (2) Defendants vacated their residence located on the same property and moved to California; the premises in question were left unoccupied. (3) After defendants moved away, weeds grew up around...

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