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ARNOLD'S HOFBRAU, INC. v. GEORGE HYMAN CONST. CO., INC.

No. 71-1827.

480 F.2d 1145 (1973)

ARNOLD'S HOFBRAU, INC. v. GEORGE HYMAN CONSTRUCTION CO., INC., Appellant, and Oliver T. Carr, Jr., et al.

United States Court of Appeals, District of Columbia Circuit.

Decided June 7, 1973.

Attorney(s) appearing for the Case

Stanley J. Marcuss, Washington, D. C., with whom Vincent H. Cohen, Washington, D. C., was on the brief, for appellant.

James A. Welch, Washington, D. C., for appellees Beuchert and Carr.

Leonard C. Collins, Washington, D. C., with whom James F. O'Donnell, Washington, D. C., was on the brief for appellee, Arnold's Hofbrau, Inc.

Before WINTER, Circuit Judge for the Fourth Circuit, and MacKINNON and ROBB, Circuit Judges.

WINTER, Circuit Judge:

Plaintiff, which conducted a restaurant on leased premises at 1724 Pennsylvania Avenue, N.W., Washington, D. C. (hereafter the "Hofbrau building"), sued George Hyman Construction Company, Inc. (Hyman) and Beuchert and Carr. It sought recovery against Hyman on the theory that Hyman, who was engaged in constructing an adjacent building (hereafter the "Mills building"), negligently damaged plaintiff's premises to the extent that plaintiff was forced...

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