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BOURNE v. WASHBURN

No. 21676.

441 F.2d 1022 (1971)

Ruby C. BOURNE, Appellant, v. Fawan WASHBURN, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided January 4, 1971.

Attorney(s) appearing for the Case

Mr. Henry W. Leeds, Washington, D. C., with whom Mr. J. Timothy Hobbs, Washington, D. C. (both appointed by this Court) was on the brief, for appellant.

Mr. Sol M. Alpher, Washington, D. C. (appointed by this Court) filed a memorandum on behalf of appellant.

Mr. J. Roy Thompson, Jr., Washington, D. C., for appellee.

Before BAZELON, Chief Judge, LEVENTHAL, Circuit Judge, and MATTHEWS, Senior Judge, U. S. District Court for the District of Columbia.

LEVENTHAL, Circuit Judge:

This is an appeal by plaintiff from a judgment of $3,000.00 entered in her favor against defendant Washburn1 following a special jury verdict in like amount. Normally an appellate court declines to sustain a contention of legal inadequacy of amount of verdict. Reversal is required in this case because of error in the instructions given the jury.

At oral argument defendant, now appellee, put it to this...

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