MATTHEWS, Senior District Judge:
This is the second appeal in this case. Mr. and Mrs. Ammerman, plaintiffs-appellants, first appealed from a District Court judgment dismissing their complaint on the ground that it failed to state a claim upon which relief could be granted. On that appeal this Court reversed, holding that the allegations of the complaint were sufficient to withstand defendant's motion to dismiss. Ammerman v. Miller, 139 U.S.App.D.C. 188,
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