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BIRD v. MATTHEW A. WELCH & SON, INC.

No. 3685.

212 A.2d 128 (1965)

James F. BIRD and Mildred J. Bird, Appellants, v. MATTHEW A. WELCH & SON, INC., a corporation, Appellee.

District of Columbia Court of Appeals.

Decided July 21, 1965.

Attorney(s) appearing for the Case

Herbert P. Leeman, Washington, D. C., for appellants.

Pierre E. Dostert, Washington, D. C., for appellee.

Before HOOD, Chief Judge, and QUINN and MYERS, Associate Judges.

HOOD, Chief Judge:

In Matthew A. Welch & Son, Inc. v. Bird, D.C.App., 193 A.2d 736 (1963), we reversed a judgment in favor of the Birds on their claim against Welch and ordered a new trial. The new trial resulted in a verdict and judgment in favor of Welch, and the Birds have appealed.

The record brought here contains the testimony presented on behalf of the Birds but no testimony on behalf of Welch. We are thus asked...

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