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KLEIN v. PRICE

No. 18152.

331 F.2d 800 (1964)

Samuel KLEIN t/a Acme Rental Co., Appellant, v. Aloysius PRICE, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 26, 1964.

Petition for Rehearing Denied May 12, 1964.

Attorney(s) appearing for the Case

Mr. Denver H. Graham, Washington, D. C., with whom Mr. Albert E. Brault, Washington, D. C., was on the brief, for appellant.

Mr. Franklyn Yasmer, Washington, D. C., with whom Mr. Stanley A. First, Washington, D. C., was on the brief, for appellee.

Before WILBUR K. MILLER, BURGER and WRIGHT, Circuit Judges.

Petition for Rehearing En Banc Denied May 12, 1964.

WILBUR K. MILLER, Circuit Judge:

On July 25, 1959, about 9:00 p. m. Aloysius Price was drinking beer on the small private porch1 adjoining the light housekeeping room at the rear of the second floor of a rooming house in which he had lived for two years. He had just returned from a shopping expedition on which he had bought a case of beer and a container of yellow corn meal. When...

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