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ZAROFF v. HOLMES

No. 19983.

379 F.2d 875 (1967)

David ZAROFF, Appellant, v. Talley R. HOLMES et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided May 18, 1967.

Petition for Rehearing and for Rehearing Denied July 21, 1967.

Attorney(s) appearing for the Case

Mr. Robert M. Price, Washington, D. C., for appellant. Mr. Herman Miller, Washington, D. C., also entered an appearance for appellant.

Mr. George H. Windsor, Washington, D. C., with whom Mr. George E. C. Hayes, Washington, D. C., was on the brief, for appellees.

Before FAHY, BURGER and McGOWAN, Circuit Judges.

Petition for Rehearing En Banc and for Rehearing before the Division Denied July 21, 1967.

McGOWAN, Circuit Judge:

This appeal presents a question as to the proper construction of Local Rule 12 of the District Court. It challenges an award in that court of summary judgment to appellees upon their contention that a dismissal of an earlier suit was with prejudice, and therefore was res judicata of the merits of the pending action. The earlier dismissal...

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