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LEE v. HABIB

Nos. 22203, 22204.

424 F.2d 891 (1970)

Olen (Allen) LEE, Appellant, v. Nathan HABIB, Appellee. Olen LEE, Appellant, v. Nathan HABIB, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided January 22, 1970.

Attorney(s) appearing for the Case

Mrs. Florence Wagman Roisman, Washington, D. C., with whom Mrs. Patricia M. Wald, Washington, D. C., was on the brief, for appellant.

Mr. Herman Miller, Washington, D. C., for appellee.

Mr. John D. Hawke, Jr., Washington, D. C., filed a brief on behalf of the American Civil Liberties Union Fund, as amicus curiae.

Before WRIGHT, LEVENTHAL and ROBINSON, Circuit Judges.

J. SKELLY WRIGHT, Circuit Judge:

Appellant Olen Lee brings these appeals from two decisions of the District of Columbia Court of Appeals involving the power of that court to order a free transcript for the use of an indigent civil litigant on appeal. We hold that both the DCCA, despite its own assertions to the contrary, and the trial judges of the District of Columbia Court of General Sessions do have that power. We remand to the trial court to determine in the first...

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