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ELLIOTT v. MICHAEL JAMES, INC.

Nos. 76-1132, 76-1134.

559 F.2d 759 (1977)

Helen B. ELLIOTT, Individually and as Administratrix of the Estate of Darlene Julie Elliott, Appellant, v. MICHAEL JAMES, INC., t/a Gentlemen II, Appellee. Helen B. ELLIOTT, Individually and as Administratrix of the Estate of Darlene Julie Elliott, Appellee, v. MICHAEL JAMES, INC., t/a Gentlemen II, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 6, 1977.

Rehearing Denied June 9, 1977.

Attorney(s) appearing for the Case

Roger E. Warin, Washington, D. C., with whom Laidler B. Mackall, Washington, D. C., was on the brief for appellant in No. 76-1132 and appellee in No. 76-1134.

William D. Foote, Jr., Washington, D. C., with whom James C. Gregg, Washington, D. C., was on the brief for appellee in No. 76-1132 and appellant in No. 76-1134.

Before: DANAHER, Senior Circuit Judge, and McGOWAN and TAMM, Circuit Judges.

Opinion for the Court filed by Senior Circuit Judge Danaher.

Opinion filed by Circuit Judge McGowan, concurring in part and dissenting in part.

DANAHER, Senior Circuit Judge:

Darlene Julie Elliott, aged 20, was stabbed to death in the early morning hours of June 24, 1968, while in the centrally located Washington restaurant known as Gentlemen II owned by Michael James, Inc. Her mother, Helen B. Elliott, as administratix of Darlene's estate, (and hereinafter...

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