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LESTER v. DUNN

Nos. 24294, 24295.

436 F.2d 300 (1970)

Joseph LESTER, etc., et al., Appellants, v. H. Searl DUNN et al. Joseph LESTER, etc., et al., v. H. Searl DUNN, Appellant, Ann deLaVal Dunn.

United States Court of Appeals District of Columbia Circuit.

Decided December 1, 1970.

Attorney(s) appearing for the Case

Mr. James B. Goding, Washington, D. C., for appellant in No. 24,294 and appellee in No. 24,295.

Mr. James F. Bromley, Washington, D. C., with whom Mr. James C. Gregg, Washington, D. C., was on the brief, for appellant in No. 24,295 and appellee in No. 24,294.

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

ROBB, Circuit Judge:

In this action in the district court the plaintiffs sought damages for injuries sustained by a nine-year-old boy while playing on a swing. The plaintiffs were the boy, Joseph Lester, and his parents. The accident occurred in the backyard of the defendant Dunn's house, located in Maryland. The case was tried to a jury. At the conclusion of the evidence the district judge ruled that under Maryland law Joseph Lester was a licensee of the defendant...

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