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McKEY v. FAIRBAIRN

No. 18588.

345 F.2d 739 (1965)

Helen McKEY, Administratrix of the Estate of Agnes Littlejohn, Appellant, v. Kenneth FAIRBAIRN et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided April 15, 1965.

Petition for Rehearing Denied May 21, 1965.

Attorney(s) appearing for the Case

Mr. Samuel Intrater, Washington, D. C., with whom Mr. Albert Brick, Washington, D. C., was on the brief, for appellant.

Mr. William E. Stewart, Jr., Washington, D. C., with whom Messrs. Richard W. Galiher, William H. Clarke and John H. Verchot, Washington, D. C., were on the brief, for appellees.

Before WILBUR K. MILLER, Senior Circuit Judge, and FAHY and DANAHER, Circuit Judges.

Petition for Rehearing En Banc Denied May 21, 1965.

WILBUR K. MILLER, Senior Circuit Judge.

By a written contract, Levi McKey rented a dwelling house from Kenneth Fairbairn, agent for Euphemia L. Haynes, on a month-to-month basis beginning January 17, 1958. Agnes Littlejohn, McKey's mother-in-law, occupied a bedroom and other space on the second floor.

On February 20, 1958, apparently as a result of a snow storm, moisture on an area "about twice the...

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