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RITTENBERG v. DONOHOE CONST. CO., INC.

Nos. 12957, 13103.

426 A.2d 338 (1981)

Leonard RITTENBERG, T/A Leonard Rittenberg & Co., Appellant, v. DONOHOE CONSTRUCTION CO., INC., and John F. Donohoe & Sons, Inc., and WGMS AM/FM Division of RKO Radio, Division of RKO General, Inc., Appellees.

District of Columbia Court of Appeals.

Decided January 5, 1981.

Attorney(s) appearing for the Case

Michael E. Brand, Washington, D. C., for appellant.

Dorothy Sellers, Washington, D. C., for appellees Donohoe Const. Co., Inc. and John F. Donohoe & Sons, Inc., Cathy Simon-Rose, Washington, D. C., filed a brief for appellees.

Mac S. Dunaway, Washington, D. C., for appellee WGMS, AM/FM Division of RKO Radio, Division of RKO General, Inc.

Before FERREN, Associate Judge, YEAGLEY, Associate Judge, Retired, and WAGNER, Associate Judge, Superior Court of the District of Columbia.

WAGNER, Associate Judge:

Appellant filed an action for constructive eviction and breach of lease covenants against his sublessor, WGMS AM/FM Division of RKO Radio, Division of RKO General, Inc. (WGMS), the prime lessor, Donohoe Construction Co., Inc. (Donohoe), and the prime lessor's rental agent, John F. Donohoe & Sons, Inc. (J.F.D.). The trial court dismissed the complaint for failure to state a claim upon which relief...

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