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AUSTIN v. KESSELRING

No. 23765.

437 F.2d 704 (1970)

Brenard AUSTIN, Minor, by his Next Friend, Brenard Austin, Sr., Appellant, v. John T. KESSELRING.

United States Court of Appeals, District of Columbia Circuit.

Decided December 23, 1970.

Attorney(s) appearing for the Case

Mr. Frederick H. Evans, Washington, D. C., for appellant.

Mr. Anthony E. Grimaldi, Washington, D. C., with whom Messrs. William Clague and Francis C. O'Brien, Washington, D. C., were on the brief, for appellee.

Before WRIGHT and TAMM, Circuit Judges, and MATTHEWS, Senior District Judge, U.S. District Court for the District of Columbia.

MATTHEWS, Senior District Judge:

This is an action brought to recover damages for personal injuries sustained by Brenard Austin, a minor, as the result of colliding with an automobile operated by the defendant. At the conclusion of the plaintiff's evidence, the court directed a verdict in favor of the defendant on the ground that there was no showing of negligence on his part, and this appeal followed.

The record discloses this: The accident occurred in the...

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