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McCLELLAN v. ALLSTATE INSURANCE COMPANY

Nos. 4151, 4152.

247 A.2d 58 (1968)

John Alexander McCLELLAN, Appellant, v. ALLSTATE INSURANCE COMPANY, a corporation, and H. J. Banachowski, Appellees. John A. McCLELLAN, Appellant, v. Daniel T. PICKETT, American Motorists Insurance Company, and Harry J. Banachowski, d/b/a National Parking Service, Appellees.

District of Columbia Court of Appeals.

Decided October 24, 1968.

Attorney(s) appearing for the Case

Darryl L. Wyland, Washington, D. C., for appellant. Brendon G. Fitzpatrick also entered an appearance for appellant.

Patrick J. Attridge, Washington, D. C., with whom Edwin A. Sheridan, Washington, D. C., was on the brief, for appellee Allstate Insurance Co.

Ben Cotten, Washington, D. C., with whom F. Wainwright Barnes, Washington, D. C., was on the brief, for appellees Daniel T. Pickett and American Motorists Insurance Co.

Joseph L. Holland, Washington, D. C., for appellee Harry J. Banachowski.

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

MYERS, Associate Judge:

Appellant delivered his automobile, for storage during the day, to an attendant employed at a parking lot operated by appellee Banachowski, and, as required by the lot, left the keys in the ignition. When he returned to reclaim his car, a man, later identified as one John Teamus, who had just delivered a car to another customer, approached appellant and inquired, "Which car is yours?" Appellant pointed...

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