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SUTTON v. UNITED SERVICES AUTOMOBILE ASSOCIATION

Nos. 6676, 6698.

302 A.2d 58 (1973)

George W. SUTTON, Executor of the Estate of Lt. George W. Serviss, U.S.M.C.R., Deceased, Appellant, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Appellee. UNITED SERVICES AUTOMOBILE ASSOCIATION, Appellant, v. George W. SUTTON, Executor of the Estate of Lt. George W. Serviss, U.S.M.C.R., Deceased, Appellee.

District of Columbia Court of Appeals.

Decided March 20, 1973.

Attorney(s) appearing for the Case

William H. Greer, Jr., Washington, D. C., for appellant in No. 6676 and appellee in No. 6698.

Wade J. Gallagher, Washington, D. C., for appellee in No. 6676 and appellant in No. 6698.

Before KELLY, FICKLING and HARRIS, Associate Judges.

FICKLING, Associate Judge:

George W. Sutton appeals from a dismissal, after a nonjury trial, of his complaint for recovery of the cost of a tombstone. United Services Automobile Association (USAA) appeals from the earlier denial of its motion for summary judgment. We affirm the dismissal of the complaint, which renders moot the cross-appeal of USAA.

The issue is whether a tombstone purchased by George W. Sutton, because of personal choice, is a necessary funeral...

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