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DAVIS v. RENTAL ASSOCIATES

No. 80-180.

431 A.2d 23 (1981)

Estelle DAVIS, Appellant, v. RENTAL ASSOCIATES, INC., t/a Federal Finance Realty, Appellee.

District of Columbia Court of Appeals.

Decided May 21, 1981.

Attorney(s) appearing for the Case

John E. Scheuermann, Supervising Atty., Washington, D.C., D.C. Law Students in Court, with whom William F. Shore III, Washington, D.C. (LS # 2281), and Ann Marie Hay, Washington, D.C. (LS # 252122), were on the briefs, for appellant.

Kenneth J. Loewinger, Washington, D.C., with whom Lisa J. Dessel, Washington, D.C. (LS # 289934), was on the brief, for appellee.

Before KELLY, KERN and MACK, Associate Judges.

KELLY, Associate Judge:

This is an appeal from the denial of a motion to vacate an order entering judgment for appellee (landlord) and striking pleadings filed by appellant (tenant). Because we hold the court below abused its discretion by denying the motion, we reverse and remand for a trial on the merits.

I

Appellee instituted an action for possession on the ground of non-payment of rent in September 1979. Following service of a summons and complaint...

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