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FIELDS v. DISTRICT OF COLUMBIA

No. 23315.

443 F.2d 740 (1970)

Robert L. FIELDS et al., Appellants, v. DISTRICT OF COLUMBIA et al.

United States Court of Appeals, District of Columbia Circuit.

Decided December 30, 1970.

As Amended January 11, 1971.

Attorney(s) appearing for the Case

Mr. Thurman L. Dodson, Washington, D. C., for appellants.

Mr. Joel C. Wise, Washington, D. C., with whom Mr. Roger Peed, Washington, D. C., was on the brief, for appellee Morrissette.

Messrs. Charles T. Duncan, Corporation Counsel for the District of Columbia at the time the brief was filed, and Hubert B. Pair, Acting Corporation Counsel at the time the brief was filed, and Richard W. Barton and Ted D. Kuemmerling, Asst. Corporation Counsel, were on the brief for appellee District of Columbia.

Before WRIGHT, MacKINNON and WILKEY, Circuit Judges.

MacKINNON, Circuit Judge (in Chambers).

This appeal involves the rights to a strip of land 16 feet by approximately 670 feet running from Talbert Terrace to Nichols Avenue in Southeast Washington. Appellants all own residential lots which abut on the strip of land, which is known as Parcel 231/5 Square 5869, and they allegedly have an easement for use of the strip as a "roadway," in common with others, by virtue of a reservation in a deed conveying the strip to the...

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