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JOHN B. KELLY, INC. v. DUNNETT

No. 21522.

397 F.2d 711 (1968)

JOHN B. KELLY, INC., Appellant, v. Donald DUNNETT, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 10, 1968.

Attorney(s) appearing for the Case

Mr. Walter J. Murphy, Jr., Washington, D. C., with whom Mr. John L. Ridge, Jr., Washington, D. C., was on the brief, for appellant.

Mr. Joseph H. Koonz, Jr., Washington, D. C., with whom Messrs. Lee C. Ashcraft, and Martin E. Gerel, Washington, D. C., were on the brief, for appellee.

Before BAZELON, Chief Judge, WILBUR K. MILLER, Senior Circuit Judge, and McGOWAN, Circuit Judge.

PER CURIAM:

On October 4, 1961, the appellee, Donald Dunnett, was working as a stonecutter on a building being constructed for the Smithsonian Institution. He was an employee of a subcontractor. On that day he was injured in a fall from a scaffold belonging to John B. Kelly, Inc., another subcontractor, which is the appellant here.

Dunnett sued Kelly to recover damages, alleging the latter was negligent in erecting the scaffold. At the pretrial hearing, he...

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