PHOENIX INSURANCE COMPANY v. LEVENTHAL

No. 5382.

276 A.2d 242 (1971)

The PHOENIX INSURANCE COMPANY, a corporation, Appellant, v. Louis LEVENTHAL, Appellee.

District of Columbia Court of Appeals.

Decided February 5, 1971.


Attorney(s) appearing for the Case

F. Wainwright Barnes, Washington, D. C., for appellant.

Louis Ginberg, Washington, D. C., for appellee.

Before HOOD, Chief Judge, and NEBEKER and YEAGLEY, Associate Judges.


PER CURIAM.

This court earlier reversed a grant of summary judgment against Leventhal. Leventhal v. Phoenix Insurance Co., D.C. App., 251 A.2d 391 (1969). In so doing the court also directed that Leventhal be permitted by the trial court to establish facts, if he could, necessary to bring his case within the ruling of Erie Insurance Exchange v. Gosnell, 246 Md. 724, 230 A.2d 467

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