LESMARK, INC. v. PRYCE

Nos. 17739, 17740.

334 F.2d 942 (1964)

LESMARK, INC., Appellant, v. Isabel C. PRYCE et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided April 9, 1964.


Attorney(s) appearing for the Case

Mr. Fred C. Sacks, Washington, D. C., with whom Mr. Samuel Barker, Washington, D. C., was on the brief, for appellant.

Mr. Clarence G. Pechacek, Washington, D. C., with whom Mr. Joseph A. Rafferty, Jr., Washington, D. C., was on the brief, for appellees Pryce and Ash.

Mr. Justin L. Edgerton, Washington, D. C., with whom Mr. Charles E. Pledger, Jr., Washington, D. C., was on the brief, for appellees Charron.

Mr. Charles E. Channing, Jr., Washington, D. C., for appellee Dreyfuss.

Before BAZELON, Chief Judge, and FAHY and WASHINGTON, Circuit Judges.


BAZELON, Chief Judge:

Appellees Pryce and Ash owned buildings at 1917 and 1921 Eye Street, N.W., respectively. Appellees Charron, who owned the vacant land between these two structures, contracted with appellee Dreyfuss, an architect, and with appellant Lesmark, Inc., a contractor, to construct a building thereon. After Lesmark began excavation, the party walls of both adjoining buildings sank, causing damage to floors, ceilings, elevator equipment, and other walls...

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