AMMERMAN v. MILLER

No. 71-2048.

488 F.2d 1285 (1973)

H. Max AMMERMAN et al., Appellants, v. Lou MILLER.

United States Court of Appeals, District of Columbia Circuit.

Decided October 26, 1973.

Rehearing Denied November 21, 1973.


Attorney(s) appearing for the Case

J. Alan Galbraith, Brattleboro, Vt., for appellants.

Bernard I. Nordlinger, Washington, D. C., for appellee.

Before McGOWAN and MacKINNON, Circuit Judges, and BURNITA SHELTON MATTHEWS, Senior United States District Judge for the United States District Court for the District of Columbia.


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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