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BANKERS MUTUAL INSURANCE COMPANY v. FRIEDLANDER

No. 4751.

262 A.2d 606 (1970)

BANKERS MUTUAL INSURANCE COMPANY, et al., Appellants, v. Jack L. FRIEDLANDER, Donald A. Brown, Gustave Ring, Trustees for Nineteenth and M Streets Associates, Appellees.

District of Columbia Court of Appeals.

Decided March 6, 1970.

Attorney(s) appearing for the Case

James A. Willey, Washington, D. C., with whom James A. Crooks, Washington, D. C., was on the brief, for appellants.

Paul J. Sedgwick, Washington, D. C., for appellees.

Before HOOD, Chief Judge, and KELLY and FICKLING, Associate Judges.

HOOD, Chief Judge:

Embers Restaurant is located on the street floor of a building at 19th and M Streets. At the time here concerned the building was in the last stages of construction and only a few tenants, including the restaurant, had moved into the building. About 9:00 o'clock one evening the customers of the restaurant complained of a lack of heat. The manager of the restaurant called the building engineer and in response to the call one Fadeley, the heating...

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