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GICHNER v. ANTONIO TROIANO TILE & MARBLE CO.

No. 21782.

410 F.2d 238 (1969)

Jacob H. GICHNER et al., Appellants, v. ANTONIO TROIANO TILE & MARBLE CO., Inc., et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided February 10, 1969.

Attorney(s) appearing for the Case

Mr. Frank F. Flegal, Washington, D. C., with whom Mr. Sidney Dickstein, Washington, D. C., was on the brief, for appellants.

Mr. Thomas M. O'Malley, Washington, D. C., for appellee Antonio Troiano Tile & Marble Co., Inc.

Before DANAHER, WRIGHT and TAMM, Circuit Judges.

J. SKELLY WRIGHT, Circuit Judge:

Appellants, plaintiffs below, owned a warehouse, part of which they leased to the corporate appellee, Antonio Troiano Tile & Marble Co., Inc. Troiano had several employees, including Whitaker, the warehouse manager, who had a key to the warehouse. Whitaker, three other Troiano employees, and a girl entered the warehouse at about 3:00 the morning of August 11, 1963, after a drinking spree; they left within an hour. One of the employees...

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