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SINCLAIR REFINING COMPANY v. TOOMEY

No. 17736.

329 F.2d 881 (1964)

SINCLAIR REFINING COMPANY, Appellant, v. James C. TOOMEY and John J. Toomey, Trustees, under the Will of Ellen C. Toomey, deceased, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided February 6, 1964.

Attorney(s) appearing for the Case

Mr. John P. Arness, Washington, D. C., with whom Mr. Frank F. Roberson, Washington, D. C., was on the brief, for appellant.

Mr. Harry L. Ryan, Jr., Washington, D. C., for appellees.

Before DANAHER, BURGER and McGOWAN, Circuit Judges.

PER CURIAM.

On June 12, 1958 about 10:30 P.M., a lady was seriously injured when she fell into a stairwell, immediately adjacent to a public alley. The stairwell led from the alley to the basement of a building which was used in part as the office portion of a gasoline station selling Sinclair products. The premises had been leased by the appellees, James C. and John J. Toomey as trustees, to the appellant, Sinclair Refining Company, which in turn had sublet the premises...

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